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Agenda 04/11/2023 Item #16D 3 (Second Amendment to Extend Agreement No. 11-5785 :Managment of Pelican Bay Tennis Center" with The Naples tennis Academy, LLC, for a period of one year.)04/11/2023 EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to Extend Agreement No. 11-5785, "Management of Pelican Bay Tennis Center," with The Naples Tennis Academy, LLC, for a period of one year. OBJECTIVE: To provide continued uninterrupted services for the Pelican Bay Community Park Tennis Center patrons. CONSIDERATIONS: The Board approved Agreement No. 11-5785 with The Naples Tennis Academy on April 10, 2012 (Agenda Item #111), allowing the County to use these services at Pelican Bay Community Park Tennis Center. On March 8, 2022, the Board approved a First Amendment to this Agreement extending the term through April 9,2023 (Agenda Item #16.D.8). Since the approval of the First Amendment extending the contract ten-nination date, the County issued a Request for Proposal resoliciting the management of the Pelican Bay Community Park Tennis Center on September 20, 2022, which was cancelled at Staff s request on March 10, 2023. During the course of evaluating the potential future management of this facility, staff concluded that it is in the best interest of the County to approve a further extension of Agreement No. 11-5785 with the existing vendor for one year to provide staff time to conduct due diligence for strategic planning and potential operational changes regarding the management of this facility. The proposed further extension provided under this Second Amendment allows for the uninterrupted continuation of services to Pelican Bay Community Park Tennis patrons. The attached Second Amendment to the Agreement will extend the current expiration date of April 9, 2023 to April 9, 2024. FISCAL IMPACT: The Naples Tennis Academy, LLC, pays the County monthly in the amount of $2,000 plus applicable sales tax and utilities. Monthly payments are deposited in Unincorporated Areas General Fund (111), Cost Center 156380. GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the Second Amendment to Extend Agreement No. 11-5785, "Management of Pelican Bay Tennis Center," with The Naples Tennis Academy, LLC, for a period of one year as set forth above, and authorize the Chairman to sign the attached amendment. Prepared By: Viviana Giarimoustas, Contracts Administration Specialist, Public Services Department ATTACHMENT(S) 1. 11-5785 NaplesTennisAcademy_Contract (PDF) 2.11-5785 — NaplesTennis — Extension Amendment—FullyExecuted (PDF) 3. 11-5785 2nd Amendment Naples Tennis AcademyVendorSigned (PDF) I Packet Pg. 1042 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.3 Doe ID: 25167 Item Summary: Recommendation to approve a Second Amendment to Extend Agreement No. 11-5785, "Management of Pelican Bay Tennis Center," with The Naples Tennis Academy, LLC, for a period of one year. Meeting Date: 04/11/2023 Prepared by: Title: — Public Services Department Name: Todd Henry 04/05/2023 2:59 PM Submitted by: Title: Department Head — Public Services Department Name: Tanya Williams 04/05/2023 2:59 PM Approved By: Review: Public Services Department Geoffrey Willig Procurement Services Sandra Herrera Operations & Veteran Services Jeff Weir Procurement Services Sandra Herrera County Attorney's Office Scott Teach Public Services Department Tanya Williams Corporate Compliance and Continuous Improvement Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners PSID Level 1 Reviewer Level 1 Purchasing Gatekeeper OVS Director Review Additional Reviewer Level 2 Attorney Review PSID Department Head Review Geoffrey Willig Geoffrey Willig Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson OMB Review Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Skipped 04/05/2023 3:05 PM Completed 04/05/2023 3:18 PM Completed 04/05/2023 3:25 PM Completed 04/05/2023 3:25 PM Completed 04/05/2023 3:30 PM Completed 04/05/2023 3:34 PM Additional Reviewer Skipped 04/05/2023 3:05 PM Skipped 04/05/2023 3:06 PM Completed 04/05/2023 3:36 PM Completed 04/05/2023 4:14 PM Completed 04/05/2023 5:38 PM 04/11/2023 9:00 AM I Packet Pg. 1043 1 A G R E E M E N T #11-5785 f or Management of Pelican Bay Tennis Center THIS AGREEMENT, made and entered into on this - tf�'day of ' A or' � , 2012 by and between The Naples Tennis Academy, LLC, authorized to do busm"'ess 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 five (5) additional one (1) year periods. 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 (15111) 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 dernised premises. Page I of 16 I Packet Pg. 1044 1 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 Commissioners 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 Contractor 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 axe applicable during the management of the tennis facility. 0 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: The Naples Tennis Academy, LLC 6830 San Marino Drive, Apartment 707, Naples, FL 34108 239-216-3220 (Telephone) Gary Sweet/Chuck Breger/Fritz Nau/Jason Thomas gsweet-match@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 I Packet Pg. 1045 1 The Contractor and the County may change the above mailing address at any time upon ZD giving the other party written notifica tion. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating 0 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 perrnit 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: Page 3 of 16 I Packet Pg. 1046 1 A. Commercial General Liabilily: 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 0 0 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 indemrdfy and hold harn-dess 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 pers-on 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 I Packet Pg. 1047 1 Pe lican 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 b 4D1 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 Page 5 of 16 I Packet Pg. 1048 1 during negotiations to County f or 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, wl-dch 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 I Packet Pg. 1049 1 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 D B y:, oto Cht 4-j"Stu" ant-16 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA k, of Courts Ei BV: Fred W. Coyle, Chairman The Naples Tennis Academy, LLC Contractor By: z� Of TMM H. ftft I First Witness 01i�gnature WW Public SW of F&Ide Af My Conifmion Upires 106=5 ___9 --misWo No. EE 141N4 �Type/pEjD��ne� Skrc�d Witnes,4/- �Type/prin(Ddtness name� Approved as to form and legal sufficiency: L k County Attorney 4 a Print Name GX-Y .5 W 66 T VJ &6 C-,,J 7- Typed signature and title Page 7 of 16 I Packet Pg. 1050 1 Exhibit A Scope of Services Detailed Scope of Work 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 Tenrus Center which is recognized by the USTA. 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, seatina for the 0 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 I 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 I Packet Pg. 1051 1 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 - 11:00am (1 court). e. Courts can be booked seven (7) days in advance on a first come, first serve basis. Cuxrent 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 a. 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 pren-dses. 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 termis 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 (15th) 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 (15ffi) of.each month for the following month.. Page 9 of 16 I Packet Pg. 1052 1 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 Operatio : 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 Equipmen : 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. EMloyee 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 electror-dc 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. f. Operational and Facilily 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 I Packet Pg. 1053 1 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 providinc, for the comfort and safety of visitors and patrons. ZD 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. Securi : The Contractor, shall provide any security measures which may be required to protect his/her area and his/her equipment, materials and facilities. L 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 closed, 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 Agleement: 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 Corrunissioners. 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 I - 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. Nod-iing 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 SiM: 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 1.1 of 16 I Packet Pg. 1054 1 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. 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 writino, to the Purchasing Director. Price adjustments are dependent upon budget availability and 0' 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 I Packet Pg. 1055 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 Repair : Responsibilities Clean cabana awnings at least 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. Resurface Courts every 12-18 mos.: remove & dispose of old clay, replace lines, add new material, and level. Roll courts as needed 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 I condition. Responsible for all supplies and repairs. I Responsible for disposal of old court materials. Page 13 of 16 I Packet Pg. 1056 1 Fencing Check fences weekly for safety issues. Re -tie fence net to posts and stabilizer bars using black fence tie wire. Cover areas which have lost black coating with black spray paint. Responsible for all repairs and replacements. Pro Shop Clean pro shop daily. Monitor Responsible for all any supplies and inventory items. equipment in the building. Collier County is responsible for the buildinq itself. Restrooms Check Restrooms at least twice Responsible for all daily. Clean/disinfect daily supplies and repairs Cleaning company will clean exu--yt repairs restrooms 1-3 X weekly needed to restroom depending on contract. building. Subterranean 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. t repairs. Trash Removal 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 bags in front of bags. maintenance building between Remove litter from courts and 8:00-1 1:00am only. pro shop area daily. Walkways and Sweep and remove litter at least Power wash concrete areas as Collier County Concrete daily. needed. responsible for Area around Pro concrete repairs Shop Clean Tennis -Two Steps twice that occur due to daily. aqe. Page 14 of 16 I Packet Pg. 1057 1 9z Zi M W) 2 D El El 7 El El El El El 7 7 El El D El D 7 El El El El El 0 El El El El El El (m .0 F-I 11 0 0 -1:1 El 0 C C u u u u u u I Packet Pg. 1058 1 EXI 1 W'r l) PELICAN BAY TENNIS CENTER MONTHLY REPORT Month: Ycw! 1� Monthly Revenue R611 fAchz6g. twlem bersh a�' 11 (p Shap 'A �Lg Aix ffibr=0. r', EV42 �el LI- F r 110-liduLl . .......... . ....... I 2. Tennis Center Ra rd ci pants *--Pen Ala'. M'.T Mivhb. A N1 war � 50�vdal Event J.nlCa'P_1agjjn) 1 9, ln� Uctlop, ..P3rd-:;ipzrii Nirlici;�art5 f-A RT,��q I P fflN T TOT.A L . ..... . ..... 3. Tennis CenterEourt Usogt (Court Hours/ Mwthl Ball 0�,-NA �Axan:A-Spedaj,Eve ei j I k�,njc f, -opr�jm P R, Usa— U&arg- Gf TajAL 14. AddWonal Data 7K_ Q lgn� t' all Ini,Rrof ANiAberUf Sj3ebal ';J Numb f ; rC�n,.bIr if N1,3ar.; ,Strang E'ft11tMU%Dkl:9ls L.ez_7u eams. Completed ay� Date; ,rtur46e1,-,0_Fui11'z"'z. Nuniber af Dar- Chiucs. ;r RraeFrin� Hrs Ufflea Goarr' Page 16 of 16 I Packet Pg. 1059 DAqTE 116.101.1a I 01 01 CERTIFICATE OF LIABILITY INSURANCE F413 1201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th certificate holder in lieu of such endorsement(s). CONTACT Brian Sene ki PRODUCER Ott Insurance Agency, LLC NAME: s PHONE FAX 10915 Bonita Beach Rd. Ste. 1141 JAIC, No, Ext): 2399480001 A/C, No): 2399482004 1 E-MAIL Bonita Springs FL 34135 ADDRESS: bseneski@hotmaii.com I INSURER(S) AFFORDING COVERAGE NAIC # 11 INSURED Naples Tennis Academy LLC 6830 San Marino Dr #707 Naples FL 34108 INSURERA: Century Surety Company INSURER B : Business First Insurance Company INSURER D: INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMIC EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -LTR. TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER_ POLICY EFF (MM/DDfYYYY) POLICY EXP [MM/DDfYYYY) LIMITS -- GENERAL LIABILITY EACH OCCURRENCE - $ 1,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxIOCCUR Y N CCP765278 04/25/2012 04/2512013 DAMAGE TO RENTED (Ea occurrence) $ 100 -PREMISES MED EXP (Any one person) $ eXCIL PERSONAL & ADV INJURY $ 1,000 GENERAL AGGREGATE 2,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ ric in 7X POLICY 7 PRO- F JECT LOC $ AU OMOBILE LIABILITY (COMBINED SINGLE LIMIT Ea ar cident) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ S NON -OWNED HIRED AUTO AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ WORKERS COMPENSATION STATU-S JOTH AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETCR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDE( [NE (Mandatory in NH) NIA y 0521-08525-0 0412712012 0412712013 TWC DRY L" T E.L. EACH ACCIDENT $ 1,000, E.L. DISEASE - EA EMPLOYEE $ 1,000, If yes, describe under — DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000, DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Clubs -racket sports and handball Additional Insured: Collier County Board of County Commissioners Attention: Purchasing Department 3327 Tamiam� Trail East Naples,Fl 34112-4901 3D day cancellation clause included. Collier County Board of County Commissioners Attention: Purchasing Department 3327 Tamiami Trail East Naples,Fl 34112-4901 (239) 732-0844 Fax N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserveu. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I Packet Pg. 1060 1 AMENDMENT TO EXTEND AGREEMENT #11-5785 "MANAGEMENT OF PELICAN BAY TENNIS CENTER" THIS AMENDMENT TO EXTEND AGREEMENT #11-5785, made and entered into on this day of A(ArC,[,,\ 2022, by and between THE NAPLES TENNIS ACADEMY, LLC, a Florida limited liability company, authorized to do business in the State of Florida, whose business address is 764 Vanderbilt Beach Road, Naples, FL 34108 (the "Vendor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively the "Parties"): WHEREAS, on April 10, 2012 (Agenda Item 11.17), the County entered into Agreement #I I - 5785 for the Management of the Pelican Bay Tennis Center with Vendor to outsource the operation of the tennis center and pro shop at the Pelican Bay Tennis Center by a qualified vendor; and WHEREAS, the Agreement is scheduled to terminate on April 10, 2022, and there are no other further renewal periods available; and WHEREAS, on October 27, 2021, the County released Request for Proposal No. 21-7931 to resolicit the Management of the Pelican Bay Community Park Tennis Center, which failed to yield any responsive proposals by the solicitation's deadline; and WHEREAS, the Parties desire to extend the Agreement for an additional period not to exceed twelve months by extending the current date of termination to April 9, 2023, while a new solicitation is in process. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. Agreement #11-5787 is hereby extended through April 9,2023, subject to being terminated without cause at an earlier date as provided therein. 2. Except as stated herein, all terms and conditions of Agreement #11-5785 shall remain in full force and effect. Remainder of Page Left Blank Signature Page to Follow Page I of 3 Amendment to Extend Agreement # 11 -5 785 Packet Pg. 1061 IN WITNESS WHEREOF, the Parties hereto, have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. ATTEST: Crystal K. Kinzel, Comptroller and Clerk of Courts - i ", By: Dated: (SEAL) Aftest in'to cwmw�, siqn*ure onk Approved as to Le ality: Pm Sco Teaclf, EFe�dy County Attorney "."X BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 614)1� L. McDaniel, Chainnah' Page 2 of 3 Amendment to Extend Agreement # 11-5785 Packet Pg. 1062 THE NAPLES TENNIS CENTER, LLC By: Qj '� 4 QA,91 Signature 1 CA� LA Q'K' — TType/print signature and QeT I �s Date Page 3 of 3 (CA )�) Amendment to rxtend Agreement # 11-5785 I Packet Pg. 1063 1 SECOND AMENDMENT TO EXTEND AGREEMENT #11-5785 "MANAGEMENT OF PELICAN BAY TENNIS CENTEW THIS SECOND EXTENSION AMENDMENT, made and entered into on this day of 2023, by and between THE NAPLES TENNIS ACADEMY, LLC, a Florida limited liability company, authorized to do business in the State of Florida, whose business address is 901 Egrets Run, Apt. 10 1, Naples, Fl, 34108 (the "Vendor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively the "Parties"): WHEREAS, on April 10, 2012, (Agenda Item I LF), the County entered into Agreement # 11-5 785 (the "Agreement") for Management of Pelican Bay Tennis Center with Vendor to outsource the operation of the tennis center and pro shop at the Pelican Bay Tennis Center by a qualified vendor; and WHEREAS, on March 08, 2022, (Agenda Item 16.D.8) the Board approved the First Amendment to the Agreement extending the term through April 09, 2023; and WHEREAS, on September 20, 2022, the County released Request for Proposal No. 22-8041 to resolicit the Management of Pelican Bay Community Park Tennis Center but the County is electing to cancel the solicitation and is reevaluating the management of the facility; and WHEREAS, the Parties desire to extend the Agreement for one additional year while the County conducts due diligence on strategic planning and potential changes to the management of this facility; and WHEREAS, Section 9 of the Agreement provides that the County may terminate the Agreement for convenience with a thirty (30) day written notice, which provision survives this Amendment; and WHEREAS, County staff is recommending that it is in the best interest of the County to approve the extension of the existing Agreement for a period of one year from the current termination date of April 9, 2023, to allow for the uninterrupted continuation of services to Pelican Bay Community Park Tennis patrons. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this Second Amendment as if fully set forth herein. 2. That the Agreement is hereby extended through April 9, 2024. 3. Except as stated herein, all terms and conditions of Agreement #11-5785 shall remain in full force and effect. Signature Page to Follow Page I of 2 Second Amendment to Extend Agreement # 11 -5785 Packet Pg. 1064 16.D.3.c IN WITNESS WIIEREOF, the Parties hereto, have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. ATTEST: Crystal K. Kinzel, Comptroller and Clerk of Courts 0 Dated: (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .2 Rick LoCastro, Chairman CONSULTANT: THE NAPLES TENNIS CENTER, LLC By: Ca A Signature cAA'kA"'P'- f"J"I TType/print signature and titlet Date Approved as to Form and Legality: Scott R. Teach, Deputy County Attorney Page 2 of 2 Second Amendment to Extend Agreement # 11 -5785 I Packet Pg. 1065 1