Agenda 03/27/2012 Item #11GProposed Agenda Changes
Board of County Commissioners Meeting
March 27, 2012
Withdraw Item 11G: Recommendation to award RFP #11-
5785 Management of Pelican Bay Tennis Center and authorize
the Chairman to sign a contract with DBA /The Naples Tennis
Academy. (Staff's request due to receipt of written objection to
award)
Withdraw Item 14A1: Recommendation to authorize the County Attorney to take all
necessary action, including filing a lawsuit, to evict Three Mayhoods, LLC from its present
location at the Immokalee Regional Airport, and to pursue any holdover rent, damages, and
costs that may be due and owing to the Airport Authority. (Staffs request due to receiving
signed copy of lease agreement)
Move Item 16A18 to Item 11N: Recommendation to approve a Settlement Agreement and
Release with Malcolm Pirnie, Inc., to settle all outstanding claims related to consulting
services provided in connection with project and oversight services on Forest Lakes MSTU
Projects F -53 and F -56, and to authorize payment. (Commissioner Hiller's request)
Move Item 16131 to Item 14133: Recommendation that the Collier County Community
Redevelopment Agency review and approve the Bayshore Gateway Triangle and Immokalee
CRA's 2011 Annual Reports, forward the reports to the Board of County Commissioners and
Clerk of Courts and publish public notice of the filing. (Commissioner Hiller's request)
Move Item 16132 to Item 14134: Recommendation that the Collier County Community
Redevelopment Agency (CRA) authorize the CRA Director to take appropriate steps to sell
twenty-three (2 3) CRA owned vacant lots within the Bayshore /Gateway Triangle Mixed Use
District Overlay in accordance with Florida Statute 163.380 and bring back any offers
deemed to meet the terms of the proposal for review and approval. (Commissioner Hiller's
request)
Move Item 16C1 to Item 11L: Recommendation to reject all bids received in response to
Invitation To Bid #11 -5624 for Trenchless Sewer System Rehabilitation Services.
(Commissioner Hiller's request)
Move Item 16D8 to Item 11M: Recommendation to approve a substantial amendment to
the Collier County 2011 -2012 Department of Housing and Urban Development (HUD) Action
Plan. The amendment will allow Community Development Block Grant (CDBG) funds in the
amount of $775,016 to be re- programmed from Eagle Lakes Park to the Immokalee South
Park. (Commissioner Hiller's request)
Move Item 16G2 to Item 14A2: Recommendation that the Board of County Commissioners,
acting as the Collier County Airport Authority, approve the attached Advertisement License
Agreement with Seminole Gaming Management, LLC for advertising at the Immokalee
Regional Airport. (Commissioner Hiller's request)
3/27/2012 Item 11.G.
EXECUTIVE SUMMARY
Recommendation to award RFP #11 -5785 Management of Pelican Bay Tennis Center and
authorize the Chairman to sign a contract with DBA/The Naples Tennis Academy.
OBJECTIVE: To gain the Board of County Commissioners' approval to award a contract to
DBA/The Naples Tennis Academy to manage the tennis center and Pro Shop at Pelican Bay
Community Park Tennis Center
CONSIDERATIONS: The Parks and Recreation Department is seeking to outsource the
Tennis Center associated with Pelican Bay Community Park. While the park itself will continue
to be managed by Parks and Recreation staff, the specialty area related to tennis is better suited
to solicitation of professional management.
The decision to outsource this function is consistent with best practices for the provision of Parks
and Recreation Services. Those activities that can be isolated and managed through the use of
specialty recreational professionals are consistent with the industry standards. Choosing to
outsoume this service was also driven by reduction in staring brought about through attrition
and retirement of key personnel at this location. Analysis of income produced at the facility is
also more favorable under conditions related to private sector management of the tennis facility
versus using county staff.
The Department with the approval of the County Manager submitted a Request for Proposals to
operate a tennis center and Pro Shop at Pelican Bay Community Park Tennis Center. RFP #11-
5785 was advertised on March 23, 2011 and forty-seven proposal packages were downloaded by
the vendor community. Two (2) proposals were received by the due date: of April 28, 2011. A
selection committee reviewed the proposals, and by consensus, ranked the firms in the following
order.
1. DBA/The Naples Tennis Academy
2. ABC Finance LLC
Staff has negotiated and recommends the attached contract with DBA/The Naples Tennis
Academy.
A formal protest was submitted by ABC Finance LLC pursuant to the Board's purchasing policy
(XIX: Protest of Bid or Proposal Award) regarding the evaluation criteria and scoring and
ranking by the selection committee members. After review of the arguments and facts presented,
the Contract Administration Manager determined that there was no evidence that the firms'
submitted responses to each of the required evaluation criteria were not scored appropriately.
Therefore, the Selection Committee's recommendation to award contract 11 -5785 Management
of Pelican Bay Community Park Tennis Center to DBA/The Naples Tennis Academy is upheld.
Packet Page -304-
�J2012 Hem 11.G.
FISCAL HAS T: The Parks and Recreation ent will receive t. .thousand ($2,000)
dollars per month firom DBA/The Naples Tennis cademy in considerq#= for operating the
facility.
LEGAL_C, QM 111S: This item has beert reviewed by the County Attorney's Office,
is legally syfficient, and requires majority vote for a0roval. — CMG
GROWTI NT EWP ACT: There is no growth m agement impact associated .
with this-action.
HEM A That the Board of County Commissioners awards RPP 1,1 -57$5 to
DBAnbe Naples Tennis Academy and authorizes the Chairman . to sign a standard, County
Attorney approved contract.
Prepared by: Jeanine McPherson, Parks & Recreatic
3/27/2012 Item 11.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.G.
Item Summary: Recommendation to award RFP #11 -5785 Management of Pelican Bay
Tennis Center and authorize the Chairman to sign a contract with DBA /The Naples Tennis
Academy. (Barry Williams, Parks and Recreation Director)
Meeting Date: 3/27/2012
Prepared By
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
2/27/2012 9:32:21 AM
Submitted by
Title: Director - Parks & Recreation,Parks & Recreation
Name: WilliamsBarry
2/27/2012 9:32:22 AM
Approved By
Name: TibbettsRhonda
Date: 2/28/2012 4:10:03 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/7/2012 12:44:47 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/7/2012 2:58:08 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/7/2012 5:42:40 PM
Name: AlonsoHailey
Packet Page -306-
3/27/2012 Item 11.G.
Title: Administrative Assistant,Domestic Animal Services
Date: 3/8/2012 9:41:42 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 3/8/2012 10:21:27 AM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 3/15/2012 12:41:02 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 2:17:52 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/20/2012 10:42:51 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/20/2012 11:08:21 AM
.A—N,
Packet Page -307-
www.sunbiz.org - Department of State
3/27/2012 Item 11.G.
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DBA/ THE NAPLES TENNIS ACADEMY
Filina Information
Registration Number G11000106859
Status ACTIVE
Filed Date 11/01/2011
Expiration Date 12/3112016
Current Owners 4
County COLLIER
Total Pages 2
Events Filed NONE
FEI/EIN Number NONE
Mailing Address
6830 SAN MARINO DR. APT. 707
NAPLES, FL 34108
Owner Information
NAU, WILLIAM F
7645 PONTE VERDE WAY
NAPLES, FL 34109
FEI/EIN Number: NIA
Document Number: NONE
THOMAS, JASON M
2031 CASTLEGARDEN LN.
NAPLES, FL 34110
FEI /EIN Number: N/A
Document Number: NONE
BREGER, CHARLES P
901 EGRETS RUN APT. 101
NAPLES, FL 34108
FEUEIN Number: N/A
Document Number: NONE
SWEET, GARY F
6830 SAN MARINO DR. APT. 707
NAPLES, FL 34108
FEI /EEN Number: NIA
Document Number: NONE
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3/27/2012 Item 11.G.
A G R E E M E N T #11-5785
for
Management of Pelican Bay Tennis Center
THIS AGREEMENT, made and entered into on this - day of ' 2012 by
and between DBA /The Naples Tennis Academy, authorized to do business in the State of
Florida, whose business address is 6830 San Marino Drive, Apartment 707, Naples, Florida
34108 hereinafter called the "Contractor" and Collier County, a political subdivision of the
State of Florida, Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence after issuance of the Notice to
Proceed, in the form of a letter from the Contract Manager. The contract shall be for one
(1) five (5) year period.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one (1)
additional one (1) year period. The County shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. SCOPE. The Contractor shall operate and maintain the tennis infrastructure and program
at the Pelican Bay Tennis Center in accordance with the Scope of Services, terms and
conditions of RFP #11 -5785 and the Contractor's proposal referred to herein and made an
integral part of this agreement. This Agreement contains the entire understanding
between the parties and any modifications to this Agreement shall be mutually agreed
upon in writing by the Contractor and the County, in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such services are
authorized.
3. CONSIDERATION. The Contractor shall remit to the County for the performance of this
Agreement at a minimum, a monthly guaranteed rental payment of Two Thousand
Dollars ($2,000.00) plus applicable sales taxes, and utility costs including water and
electric on a monthly basis. Both the rental payment and utility payments are due to the
County by the fifteenth (15th) of each month for the preceding month, and said payment
shall be accompanied by a statement of gross receipts for the preceding month. It is also
understood that the applicable Florida State Sales Use Tax_ on rental payments shall be
added to the Contractor's rental payment and forwarded to the County as part of said
payments. It is the intent of the County that it is to receive the rental amount as net, free
and clear of all costs and charges arising from or relating to said demised premises.
Page 1 of 16
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3/27/2012 Item 11.G.
3.1 In addition to the consideration provided in Section 3.0, above, the Contractor will
invest in an annual guaranteed amount of Twelve Thousand Dollars ($12,000.00) for the ^
duration of this agreement for investment in the Tennis Program facility infrastructure.
The County reserves the right to approve plans prior to the start -up of any project; the
Contractor agrees to provide follow -up audit information as requested by the County for
these improvements. The contractor will make a minimum annual investment of Thirty
Five Hundred Dollars ($3,500.00) on marketing the Pelican Bay Tennis Center.
3.2 Pro -rated credit will be given for all tennis memberships valid as of the date that the
Contractor assumes operations. Pro -rated amount will be based on the number of days
remaining on each membership. Current rates and fees for services for fiscal year 2012
are established by the Board of County Comrnissioners and include:
Court Fees: $10.60 per person for 1.5 hours
Annual Membership (Single): $401.01
Annual Membership (couple): $701.72
Private Lesson (1/2 hours): $35.00
Private Lesson (1 hour): $65.00
3.3 The Contr actor will be given the opportunity to purchase the current inventory on
hand as of the date the Contractor assumes operations. The credits and debits associated
with pro -rated membership and the purchase of inventory will be reconciled with the first
month's commission.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Pelican Bay Tennis Center or portions thereof, which are applicable
during the management of the tennis facility.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
DBA /The Naples Tennis Academy
6830 San Marino Drive, Apartment 707, Naples, FL 34108
239- 216 -3220 (Telephone)
Gary Sweet/ Chuck Breger /Fritz Nau /Jason Thomas
gsweetmatch@yahoo.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing / GS Director
Telephone: 239- 252 -8371
Facsimile: 239- 252 -6584
Page 2 of 16
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3/27/2012 Item 11.G.
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities 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. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of'the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
� 11. INSURANCE. The Contractor shall provide insurance as follows:
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3/27/2012 Item 11.G.
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage ^
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability. '
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Contractor shall, insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the ✓"�
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Parks and Recreation Department (the "Contract Manager ").
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #11 -5785 Management of
Page 4 of 16
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3/27/2012 Item 11.G.
Pelican Bay Community Park Tennis Center; Exhibit A, Detailed Scope of Services;
Exhibit B, Pelican Bay Tennis Center Maintenance Schedule; Exhibit C, Pelican Bay
Tennis Center Inspection Checklist; Exhibit D, Pelican Bay Tennis Center Monthly
Report, and Addendum 1.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed- by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes; Collier County Ethics Ordinance No. 2004 -05, and . County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either.
may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL - ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
�. faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
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3/27/2012 Item 11.G.
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision- making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such, matters.
23. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and/or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of
any conflict between the terms of the RFP and the Contractor's Proposal, the language
in the RFP would take precedence.
Page 6 of 16
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3/27/2012 Item 11.G.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
1Type /print witness narnet
Second Witness
iType /print witness name%
Approved as to form and
legal sufficiency:
Deputy County Attorney
Print Name
r
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
DBA/The Nmles Tennis Academy
Contractor
a
Signature
Typed signature and title
Page 7 of 16
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Exhibit A
Scope of Services
Detailed Scope of Work
3/27/2012 Item 11.G.
The Contractor shall operate and maintain the tennis infrastructure and program at Pelican Bay
Community Park Tennis Center.
The Contractor shall provide, operate, maintain and pay for the Tennis Program, including, but
not limited to the following goals:
Pelican Bay Tennis Center Goals:
a. To provide a "first class" Tennis Program and facility, which promotes the sport of
tennis throughout all age groups in the Collier County community in conjunction with
the Parks and Recreation Department.
b. To manage a Tennis Center which is recognized by the USIA.
c. To provide a well maintained facility.
2. Managing and maintaining the day -to-day operational requirements of the "Tennis Program"
including:
a. 8 lit har tru clay courts, Cal -Cap subterranean irrigation system, nets and associated
court supplies and equipment, windscreens, fence structure, cabanas, seating for the
courts, walkways to the courts and around the pro shop, the pro shop building, and
the men's and women's restrooms.
b. Maintenance and repair of all of those facilities identified in 2 a in accordance to the
attached Facility Maintenance and Repair Schedule.
C. Provide all supplies and services to conduct repairs and upkeep of the tennis courts
and the pro shop.
3. Maintaining a United States Tennis Association (USTA) facility membership.
4. Selecting, managing and supervising "Tennis Program" staff. The selected Contractor is fully
responsible for any employees under their direction. All staff are employees of Contractor not
Collier County.
5. Managing all sourcing, inventory, point of sale and financial reporting for the Tennis Program,
including, but not limited to the: pro shop, tennis lessons, memberships, and tournaments.
a. Programming will minimally include court time for open play, round robins, leagues,
adult instruction, junior instruction, and special events.
b. A minimum of twelve (12) community events per year will be offered.
c. All CCWTA, CTA, and USTA leagues, and competitive team matches which were
scheduled in January 2012 for the Spring 2012 season will be honored. Team members
who don't hold a current Pelican Bay Park Tennis Membership will pay $10 per home
Page 8 of 16
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3/27/2012 Item 11.G.
match. These fees are in effect for the Spring 2012 League Season only and can be
modified in future seasons.
d. Pelican Bay Foundation has reserved courts 12/1/2011 through 5/1/2012 on Mondays,
Wednesdays, and Fridays from 8:00 - 9:30am (2 courts) and from 9:30 - 11:OOam (1
court).
e. Courts can be booked seven (7) days in advance on a first come, first serve basis.
Current rates and fees that have been established by the Board of County Commissioners
for services for fiscal year 2012 are as follows: Court Fees: $10.60 per person for 1.5 hours,
Annual Membership (Single): $400.01, Annual Membership (Couple): $701.72, Private
Lesson (1/2 hours): $35, Private Lesson (1 hour): $65. Additional services and programs
are to be based on local market value.
Payments and investments due Collier County
Paying the County a monthly guarantee commission of two-thousand dollars ($2000)
and utility (electric and water) costs for all services provided by the Contractor.. Both
commission and utility payments is due to the County by the fifteenth (15th) of each
month for the preceding month, and said payment shall be accompanied by a
statement of gross receipts for the preceding month. It is also understood that the
applicable Florida State Sales Use Tax on rental payments shall be added to the
Contractor's rental payment and forwarded to the County as part of said payments. It
is the intent of the County that it is to receive the rental amount as net, free and clear of
all costs and charges arising from or relating to said demised premises.
a.
b. Infrastructure Investment: Contractor will make a minimum annual investment of $12,000
on improvements to the Pelican Bay Tennis Center.
c. Marketing Investment: Contractor will make a minimum annual investment of $3500 on
marketing the Pelican Bay Tennis Center.
d. Other Financial Consideration: Pro-rated credit will be given for all tennis
memberships valid as of the date the Contractor assumes operations. The pro-rated
amount will be based on the number of days remaining on each membership.
The Contractor will be given the opportunity to purchase current inventory on hand as
of the date the Contractor assumes operations. The credits and debits associated with
pro -rated membership and the purchase of inventory will be reconciled with the first
month's commission.
7. Providing financial, facility, and program usage data on a monthly basis.
a. Monthly Report - use attached Exhibit D form Pelican Bay Monthly Report
This report will capture data regarding revenues, facility usage, activities, and
improvement expenditures. The report is due to the County by the fifteenth (156) of each
month for the preceding month.
b. Activity Calendar - use any format
This calendar highlights programs and activities. It will be electronically sent to Naples
area Community Parks. The calendar is due to the County by the fifteenth (15d,) of each
month for the following month.
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3/27/2012 Item 11.G.
c. Monthly Facility Inspection - use attached form Exhibit C, Pelican Bay Inspection Checklist
This report will be completed monthly by County staff and will be reviewed with
Contractor. Report will be completed at the beginning of each month.
d. Monthly Inventory Checklist - form will be developed prior to commencement of
operations. This checklist will provide documentation that a physical inventory of Collier
County property has be done by County staff. Report will be completed at the beginning of
each month.
8. Providing for the following (unless otherwise approved by the Director of Parks and
Recreation or his representative):
a. Hours of Operation: Monday - Friday 8:00am to 9:00pm, Saturday - Sunday 8:00am to
5:00pm Facility may operate longer hours if desired beginning at 8:00am and ending at
10:00 pm.
b. Tennis Equipment: The Contractor shall provide all equipment necessary for delivery of
service to participants of the Tennis Program. Some minor equipment will remain in
inventory at Pelican Bay Tennis Center and may be used by the Contractor. At the end
of the contract, the Contractor must replace any damaged or lost equipment. Each
month all property owned by Collier County will be accounted for through an
inventory process conducted by the Director of Parks and Recreation or his
representative.
c. Auditing of Accounts: The Contractor shall, upon demand, make available locally, books
of account and financial statements to authorized representatives of Collier County.
d. Employee Qualifications: The Contractor shall provide experienced personnel
overseeing the facility. Conduct of the employees of the Contractor shall be subject to
reasonable regulation by the Director of Parks and Recreation Department. The
Contractor shall employ people to work at this facility who are professional, literate,
neat, clean, well- groomed and courteous and wear a uniform of the awarded company.
All employees must be screened and background checks must be completed as
directed by the Department. The Contractor shall bear the costs of all background
checks performed by the County.
e. Point of Sale Equipment: The Contractor must use point-of-sale electronic cash machines
or other electronic accounting control equipment for the proper control of cash payments.
Cash register tapes must be maintained and made available upon demand during the
entire term of the Agreement with Collier County.
Operational and Facility Concepts: The Contractor must obtain written approval from the
Director of Parks and Recreation or his authorized representative for any and all changes
in operational concepts as set forth in the Proposal. The Contractor shall pay for any
improvements to the Tennis Program, including all costs associated with permits and
renovations.
g. Maintenance and Repairs: The Contractor shall, to the satisfaction of the Director of Parks
and Recreation or his authorized representative, provide normal and routine daily,
Page 10 of 16
Packet Page -319-
3/27/2012 Item 11.G.
monthly, and yearly maintenance and repairs of the facilities, designed to keep the
premises and equipment in a good state of repair, free from hazardous conditions and
deterioration, thus providing for the comfort and safety of visitors and patrons.
Maintenance and repairs are to be completed according to the attached schedule and
include the following areas: cabanas /court furniture /bleachers, court lighting, court
surfacing, court supplies (nets, net accessories, tidy buckets/ trays, and windscreens),
fence structure, pro shop, restrooms, subterranean irrigation system, trash removal, and
walkways. All supplies and services needed to complete maintenance and repairs will be
provided by the Contractor.
h. Security: The Contractor shall provide any security measures which may be required to
protect his /her area and his /her equipment, materials and facilities.
i. Trash, Rubbish and Garbage Removal: The County will provide large garbage, trash
and rubbish receptacles. The Contractor shall. be responsible for providing the
appropriate garbage bags. The Contractor shall be responsible for collecting all normal
and routine trash and placing the dosed, secured bags at the front of the maintenance
building between 8:00 - 11:00am each day. The Contractor agrees to perform daily
removal of litter in the immediate exterior area within fifty (50) feet of the tennis courts
and Pro Shop building.
j. Assignment of Concession Agreement: The Contractor shall not, at any time during the
tenure of the Agreement, sublet any part of this Agreement or assign any portion or part
of it, except by virtue of written permission granted by the Board of County
Commissioners.
k. Appearance of Premises: The Contractor shall have a neat and orderly operation at all
times and shall be solely responsible for the necessary housekeeping. The Contractor
shall make available all areas under their control for examination at any time by the
County project manager.
1. Restrooms: The Contractor shall have primary responsibility for maintaining the
restrooms and restroom supplies. The restrooms should be checked a minimum of twice
daily. Collier County Facilities Management Department will assist by providing a
professional cleaning service to clean the bathrooms 1 - 3 times per week depending on
the County's current cleaning contract.
m. Public Use of Facilities: The Contractor shall be responsible to the Director of Collier
County Parks and Recreation or his authorized representative for the satisfactory and
courteous operation of the concession. Nothing in this Agreement shall preclude the
County from using the public areas for public and/or civic purposes as deemed
necessary.
n. Marketing, Advertising, and Signs: Collier County Parks and Recreation logo must be
placed on all marketing materials. This includes all media: print, radio, television, and
online. The Director of Collier County Parks and Recreation or his designee must pre-
approve all marketing materials prior to use. This includes any signage. Collier County
has the right to reject marketing materials.
Page 11 of 16
Packet Page -320-
3/27/2012 Item 11.G.
o. Commencement of Operation: The Contractor shall be open for business to the public no
later than thirty (30) days after the approval of the Contract by the Board of County
Commissioners. 1
The commission percentage shall remain firm for the initial term of this contract. Requests for
consideration of a commission adjustment must be made on the contract anniversary date, in
writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and
County approval. Surcharges will not be accepted in conjunction with this contract, and such
charges should be incorporated into the pricing structure.
Page 12 of 16
Packet Page -321-
3/27/2012 Item 11.G.
EXHIBIT B
PELICAN BAY TENNIS CENTER MAINTENANCE SCHEDULE
Cabanas, Court
Furniture,
and Bleachers
Court Lighting
Court
Supplies /Equipm
ent:
Nets, Net
Accessories,
Windscreens,
Tidy Buckets and
Trays,
Court Surface
Daily/Weekly
Monitor bleachers, tables,
cabanas, and water fountains
for cleanliness and safety.
Sweep cabanas., wipe tables,
and remove litter daily. DO NOT
OPERATE MECHANICAL
BLOWER BEFORE 8 AM.
Report any light issues to
Veterans
Community Park. Responsible
for keeping control panel locked.
Check center net straps,
anchors, and net heights
weekly. Replace /adjust as
needed.
Check windscreens and nets
weekly. Replace torn nets or
windscreens within 30 days.
Windscreens may be removed
when the first significant storm
threatens the area during
hurricane season. Windscreens
must be rehung no later than
November 15th.
Drag and line tennis courts at
least twice
daily: prior to morning and
evening play.
Apply clay as needed.
Apply algaecide weekly or as
needed to prevent "hard pan"
areas. Remove hardened areas
weekly /monthly.
Remove weeds as needed.
Check court lines weekly: level
lines and add nails as needed
Monthly /Annual
Clean cabana awnings at
twice a year.
Inventory court grooming
equipment and replace bristles,
teeth, and rollers as needed.
Replace nets every 12 -18 mos.,
tidy buckets every 18 -24 mos.,
tidy trays when broken or
significantly faded, and
windscreens when tears or
discoloration is noted.
Replacement windscreens must
be of similar size, color and
construction. .
Courts every 12 -18
mos.:
remove & dispose of old clay,
replace
lines, add new material, and
level.
Roll courts as needed.
.Page. 13 of 16
Packet Page -322-
Repair
Responsible for all
repairs and
replacements
except water
fountains.
Responsible for but
not limited to bulbs,
ballasts, and fuses.
Not responsible for
any wiring
issues. _ __ _
Responsible for all
court supplies, and
keeping Inventory
items in good
condition.
Responsible Tor an
supplies and
repairs.
Responsible for
disposal of old court
materials.
Fencing Check fences weekly for safety
issues.
3/27/2012 Item 11.G.
Re-tie fence net to posts and 1 Responsible for all
stabilizer bars using black fence ! repairs and
tie wire. Cover areas which have replacements.
lost black coating with black
spray paint.
t Pro Shop
Clean pro shop daily. Monitor
Responsible for all
i
any
i supplies and
inventory items.
equipment in the
building. Collier
County is
i responsible for the
i building itself.
Restrooms
Check Restrooms at least twice
Y —
j Responsible for all
daily. Clean /disinfect daily.
supplies and repairs
Cleaning company will clean
except repairs
rstrooms 1 -3 X weekly
needed to restroom
depending on contract.
building. I
Subterranean
i Monitor irrigation at least twice
Check & clean solenoids
Responsible for all
Irrigation System
. daily and make adjustments as
monthly. Clean filters quarterly.
` supplies and
needed.
Monitor rain sensors.
repairs.
Trash Removal
I Empty trash from Tidy Buckets
Clean trash receptacles monthly.
Collier County will
at least once per day, large_
provide large trash
garbage and recycle containers
receptacles and
as needed.
remove normal and
routine trash. Place
Responsible for providing trash
I bags in front of
bags.
maintenance
I building between
Remove litter from courts and
8:00 -1 only.
pro shop area daily.
Walkways and
Sweep and remove litter at least
Power wash concrete areas as
Collier County
Concrete
i daily.
needed.
responsible for
Area around Pro
Shop
Clean Tennis -Two Steps twice
concrete repairs
C that occur due to
Page 14 of 16
Packet Page -323-
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3/27/2012 Item 11.G.
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3/27/2012 Item 11.G.
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3/27/2012 Item 11.G
PELICAN BAY TENNIS CENTER MONTHLY REPORT Month,. Year:
L M[3nWV Revenue
4 Cu--nftes
IWI Wch
loembe&Ipt
ixe , swdal
".1.eqp 1�
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Ft&.TdiAL
Completed Byc Date;
Page 16 of 16
Packet Page -325-
�� I
3/27/2012 Item 11.G.
co per co 4
Administrative Servioes Division
Contract Administration —Tel: 239-252-8949— Fax: 239-252-6594—email: kelsevward@colliersov.net
March 15, 2012
Mr. Jan David
ABC Finance LLC
6911 Livingston Woods Lane
Naples, FL 34109
Re: 11 -5785 "Management of Pelican Bay Community Park Tennis Center" Protest Response to Award of
Contract
Dear Mr. David,
I appreciate your taking the time to submit your protest against the recommended award of the above
referenced contract, and respectfully submit this letter in answer to your concerns. In regard to your protest
of the recommended award of the above referenced contact, please see my responses to your summary
statement of the 5 disputed issues below:
1. Issue raised: Critical error made in scoring of ABC Finance Financial Proposal —Tab III, Commission
Returned to the County and Annual Facility Investment (40 maximum points)
Response: The solicitation document clearly stated that the proposer must provide a minimum
monthly guarantee to the County and an annual guaranteed investment in the Tennis Program
facility infrastructure, which would be added together to get a dollar total. It was clearly defined that
the methodology for awarding points was based on this information. Although ABC Finance offered
information on other potential infrastructure investment, they declined to provide the required
information, therefore, it was not possible to award the maximum of 40 points. DBA/The Naples
Tennis Academy Proposal was fully compliant in providing the required scoring information.
2. Issue raised: DBA/The Naples Tennis Academy should not receive any points for court maintenance
as this is not an "infrastructure investment ".
Response: I find no evidence that DBA/The Naples Tennis Academy portrayed annual maintenance
as "facility infrastructure investment" as alleged by ABC Finance, and therefore, they did not receive
any associated points.
3. Issue raised: DBA/The Naples Tennis Academy's "budgeting" does not constitute a commitment or
a guarantee as required by proposal guidelines.
Response: This information was submitted under Tab II, Business Plan (20 maximum points), which
required proposers to provide responses to 9 bullet points. This specific response fell under the third
bullet point, "Detailed plan for facilities enhancements, including timeline and dollar investment ",
and was fully compliant with the requirements.
Purchasi g Departnent • 3301 Tamiami Trail East • Naples, Florida 34112 • www.colliergov.netlpurchasing
Packet Page -326-
3/27/2012 Item 11.G.
Page 2
Re: 11- 5785' "Management of Pelican Bay Community Park Tennis Center" Protest Response to Award of Contract
DBA/The Naples Tennis Academy affirmatively stated that they would budget specific dollar amounts upon award
of the contract, specifically $53,000 towards reconditioning of the courts as well as power washing the cabanas,
$28,000 towards a professional web design and $6,000 for the reutilization of the existing onsite pro shop. It is
reasonable to believe that this constitutes a commitment by the proposer, but in any case, this would be included
as a subsequent contractual requirement, which would then become a legal obligation.
4. Issue raised: DBA /Naples Tennis Academy has no viable personal guarantees as does ABC Finance proposal.
Response: There was no requirement for a "viable personal guarantee" in the solicitation, however, the committee
had the opportunity to review each proposers' response to the requirements of Tab II, Business Plan, Tab IV,
Experience, Capacity, and Specialized Expertise of Firm, and Tab IV, References, in order to make a determination as
to each firm's capabilities to fulfill the requirements of the scope of services.
5. Issue raised: DBA/The Naples Tennis Academy has no business history and therefore their business guarantee
has a low value.
Response: Regardless of the individual owners' past registration history, there is no prohibition against the
creation of DBA/The Naples Tennis Academy by the four current owners, and the submitted proposal was
properly evaluated, scored and ranked according to the evaluation criteria as set forth in the solicitation document.
After review of the solicitation document, including the scope of services and associated evaluation criteria, the
proposers' responses and the scoring and ranking sheets submitted by the selection committee members, I find
no evidence that the firms' submitted responses to each of the required evaluation criteria were not scored
appropriately. It is my conclusion that there was a fair evaluation and comparison of proposals by the selection
committee, and I uphold the decision to award contract 11 -5785 "Management of Pelican Bay Community Park
Tennis Center" to DBA/The Naples Tennis Academy.
Yours truly,
04t
Collier County Contract Administration Manager
cc: Len Price, Administrative Services Administrator
Joanne Markiewicz, Interim Purchasing and General Services Director
Steve Carnell, Interim Public Services Administrator
Barry Williams, Public Services Director
Packet Page -327-
3/27/2012 Item 11.G.
Protest ainst the recommended Contract Award
COWER COUNTY
BOARD Of COUNTY COMMISSIONERS
SoUdtation
11-5785
Management.of PeBmn Bay Community Park?arads Center
joanne Morkiewicz, Acquisition 11Mono9er
239-252-8975 (Telephone)
239 -252 -6480 (Fox)
yoorutemarrlciewicz�Ca 1liergovnet-(ErrwilJ
Protesting Party
ABC finance LLC
6911'Uvingston Woods Lane
Naptes, Ft,, 34109
Statement-of Disputed issues
Criticaierrortnade in scoring of ABC Finance Financial Proposal
on infrastructure investment.
3. Tabl1►, tommisskn marred tothe County and AM=1Fad11ty`1nvesbnent140 i+*'ntF)
-rhe CowIty Is dw h"MMStsd in r,,WWng the wndWs offer to prwider any addltionW TennFs Program Jadiity
i*QstrnEtuwinvesw nt-
1
Packet Page -328-
Part A: comparison of two.investrnent offers
1, :ABC Finance Proposal.
On page 12 of our Proposal we wrote
'Pelican Bay community Park-tennis fsrci ity4s very unique in whale Collier County.
The location and size of the park, gives nearly unlimited aptims forthe further develapment.
Further development of the facilities wilt be continual —the same as:our tennis;program.
However, some improvements will need to be done very fast = namely a new dubhaase.
We will invest in and establish a new clubhouse - similar to the foilowing.picture.
The exact:dimensions you-can find in the ENCLOSURE' `
Page 53 of our Proposal details our creation of a new fully functional tennis clubhouse
facility.
The cost to ABC Fnance for this facility exceeds $126,000:00
Page 13 details a first year binding financial commitment by Arthrex, Inc. to invest $80,000
into the construction of two new tennis courts expanding the earning potential of the park.
Additionally, on pages 29 and 30 we wrote:
"Depending on the success of this tennis project in the first year, ArthMM Inc. has also said it.wili seriously
pursue od ditional financial donations far f urther improvements to the tennis facilities, posslbly including the
future.canstruction of a high quality stadium court-that could be used for high profile tournament Werings.
We are of the gpinion that it wilt be beneficial foratl,parVes to g vesuch a strong partner as Arthrex, Inc. the
chance to immediately add to the value of the Pelican Bay Community Facility and to<hopefully. with good initial
success, continue in this project for the next several years. This 3 party partnership ( tCerCourrty, Arthrex,
1nc..and ABC Finance, .LLQ should prove very exciting for the community particularty and fartennis.in the SAN
Florida area in general.
Based on all these facts please consider the following table related.anlyto the first year uf our operation.'
It is important to understand that the new clubhouse would naturally•last for the duration
'of thecontract (5 years) and therefore our total projected investment amounts to
$206,000A0.
This amount was NOT taken into account in the Committee Scoring costing 40 critical points?
Used on these facts are are of the opinion that 40 points for Annual Facility investment
should have been granted to our company.
This would have also meant that offer would have prevailed getting the most total
points.
2
Packet Page -329-
3/27/2012 Item 11.G.
2, DBA/The Naples Tennis Academy Proposal:
'Faecilities Enhancements" (timeline and dollar investment)
Court and Facilities: Upon award of the contract NTA will budget $53,000 towards the reconditioning of the
courts to include lines, screens and nets, as well as power washing the cabanas. The seating area for players
and spectators will be expanded.
Website, Marketing and Online Pro Shop Upon award of the contract, NTA will budget $28,000 towards a
professional web design that will include the capacity for Google integration, membership administration,
search link building, online shopping, photo gallery and press release capacity.
Onsite Pro Shop. Upon award of the contract $6000 will be budgeted for the reutilisation of the existing
structure to provide o fully stocked pro Shop —
Plans for implementation of a fully stocked onsite Pro Shop will begin immediately. The initial plan is for the
redesign and reutilization of the existing structure to include shelving and counters for merchandise and
dressing rooms for customers."
A "budgeting" of dollars for the above items is NOT a guarantee or investment. It only
indicates an intention to use cash flow to accommodate these things!
3, Required detailed scope of work according to RFP.
8. The vendor shall, to the satisfaction of the County project manager, provide normal and routine daily, monthly.
yearly maintenance of the faclities. designed to keep the premises and equipment in a good state of repair, free
from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons.
Maintenance and repairs shall include the following, unless otherwise approved by the County's project manager:
Drug and line courts at least twice daily (prior to morning and evening play).
i. Daily/ Weekly Maintenance on Clay Courts
1. Clean Tennis- Two-Steps at least twice daily.
2. Empty trash from court receptors at least once per day.
3. Empty large garbage cans and Recycle Cans as need and take to Maintenance
Building. Replace can liners.
4. Sweep or blow off sidewalks and cabanas at least once a day prior to morning
Play.
5. Monitor Cal -Cap subterranean irrigation system and make adjustments as
needed.
6. Apply clay as needed weekly.
7. Apply algaecide to "hard pan" areas as needed (minimally once a week).
8. Remove weeds as needed weekly.
9. Check condition of lines weekly. Level lines as needed.
ii. Annual Maintenance on Clay Courts
1. Resurface courts: remove old day, replace lines, add new material and level.
Courts should be resurfaced every 12 -18 months.
2. Replace tidy trays and buckets as needed.
None of the above mentioned "facilities enhancements" should have qualified under the
category of "additional tennis program facility infrastructure investment"' requested by the
county as they are part of the annual maintenance. Maintenance is not the some as
n infrastructure changes.
Packet Page -330-
3/27/2012 Item 11.G.
Also, we do not believe that the existing building/pro shop could be "redesigned to a fully
stocked onsite Pro Shop":
Outside of the "court booking window"
Inside of the "court booking window"
View from outside into the "Pro Shop"
Sack room of the "Pro Shop"
That can be achieved only through the new and much bigger clubhouse.-
Packet Page -331-
4
Two legal entities submitted the bids:
1, DBA%The Naples Tennis Academy
2, ABC Finance
1, DBA/The Naples Tennis Academy— registration# 611000.106859
The registration records show that four people became the owners of the Fictitious Name
DBA/The Naples Tennis Academy.
The owners are Mr. Riau, - William F, Mr. Thomas, .Eason M.;, Mr. Kreger, Charies P and 'Mr.
Sweet, Gary F.
The fictitious name wasregistered on November 1, 20.11, just few days beforethe bidding
deadline.
Another similar Fictitious Name was registered on February 27, 2010:
At that time it was Naples Tennis Academy — registration # G10000018941- and the owner
of the fictitious name became Mr. Nau, Vvitliam F.
The similarity.of both of these names `ls ,so deep, that even Collier County managers thought
at the very =beginning that the bid was submitted by this company.
But, that is not the end of "name story".
On august 29, .2008 under the registration number R08000090630 Mr. Nau, William F.
together with Mr. Fogelman, Seth A. have filed for Naples Tennis Academy, tnc.
This company was,on September 25, 2009 dissolved, after filing only for one annual report.
Mr. Nau, William F; together with Mr. Lawson, Don and Mr. Noonan, Robert and IVIr. Cole,
Thomas C, have filers on September 26,1991 for another company, Sports.Una, tnc.
This company was dissolved administratively on October 09, 1992 after not filing even for
one annual report.
Mr. Nau, William F, has owned three "legal entities with a.very similar name —
Naples Tennis Academy, Inc., NapiesTennis Academy, DBA/The Naples Tennis Academy,.
The first two ones did not show any'business activity.
Mr.. Nau, William F, has also owned companies created -on a multiple owner principle—
Naples Tennis Academy Inc., Sport Line, Inc.
Also these two business entities.did not show any business activity.
DBA/The Naples Tennis.Aeademy was created by four tennis coaches just few days before
the bidding deadline.
These coaches boast:about their 100 years of the coaching experience — mostly from outside
of.Napies.
But what abouttheir local business experience? !None is mentioned.
Will th:ese four owners get financially satisfied when working at the .place that achieved :last
year a loss of $100,000?
Packet Page -332-
ABC Finance LLC is a local company, registered on June 1, 2005.
It is not a huge company, but it consistently seryes.the local tennis players for past 7 years.
Thousands of the satisfied clients are 'the best local references forthis company.
Compared to the other company, we already have thelennis merchandise,, we already have
the business software and we already have tennis court management software.
We already do the local marketing activities and the local tennis players know us:
There are thousands of local tennis players in our database.
Page 30 of our bid details, that in this project ABC Finance has. partnered withthe local
medical company Arthrex, Inc.
Both of these companies have agreed thatthis tennis park should stay - open .to ALL Collier
.residents and not only to those "'more fortunate who would be able to pay for the "world
class coaching".
We do not believe thatthe public parks should "recruitthe players from around the world.."
but strongly: believe that tbey should serve the local residents!
We'understand the urgent need affaciNesimprovements.
Newridbhouse at Pelican Bay is a mrnust and vacant land gives the opportunity to add more
tennis courts into these facilities.
Our investment<is areal enhancement of the existing facilities and not only regular yearly
maintenance as it wa'soffered by the other,party.
The involvement of Arthrex, Inc. in this project brings a real, guarantee thatour investment
projections will also happen.
It is a much stronger guarantee than the one offered by the other entity without any
business history.
Arthrex, Inc. is ready to payback to the local c onNnunity and together vvith our company
we .are ready to bring tennis also to those less fortunate..
We believe that anybody can play tennis!
Otherwise this sport would not be played in poor countries at a:IL
We believe that our offer was the best and that out bid should have won.
We believe that it was not only financially' better., but also more secure, as.it was based on .
both 7 years of our local business activities and financial stability of our partner, company
Arthrex, Inc.
Based on all of these facts we do not only protest against the recommended award to-the
newly registered entity known as DBA/The Naples Tennis Shop,'but;also ask you to grant this
award to our company:
6
Packet Page -333-
r�
3/27/2012 Item 11.G.
Summary:
1. ABC finance should have received 40 points in the scoring because of its $2.Og,DOO
investment which is.guaranteed.
2. �DBA/The Naples Tennis Academy should not receive any point for court maintenance as
this is'not an "infrastructure :investment".
3. DBA/The Naples Tennis Academy's "budgeting" does not constitute a commitment or a
guarantee.as required by proposal guidelines.
4. DBA/The.aapiesTennis Academy has no viable personal guarantees:asdoes ABC
finance proposal.
S. DBA/ittapies Tennis Academy has no business history and therefore their business
:guarantee 1has a low value.
Conclusion /Relief Sought
1. Reverse Award dgranted to Naples Tennis Academy
2. Re -score Proposals with specific reference to `infrastructure Investments
3. Grant Award toAABC'Rnance, LLC
'Naples, March 13,2412
Jan David
ABC Finance LLC
Packet Page -334-