Agenda 04/10/2012 Item #11G4/10/2012 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 Naples Tennis Academy, LLC.
OBJECTIVE: T h a t t he Board of County Commissioners approve and award a contract
to Naples Tennis Academy, LLC, to manage the tennis center and pro shop at Pelican Bay
Community Park Tennis Center (the "Tennis Center ").
CONSIDERATIONS: The Parks and Recreation Department seeks to outsource the Tennis
Center located at the 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
private professional management.
The decision to outsource this function is consistent with best practices for the provision of
Parks and Recreation Services. Those Tennis Center activities can be isolated and managed
through the use of private specialty recreational professionals, consistent with industry
standards. Choosing to outsource this service was also driven by reduction in staffing
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 Center versus using county staff.
The Parks and Recreation Department, working in conjunction with the Purchasing
Department, issued a Request for Proposals to operate the Tennis Center and Pro Shop at
Pelican Bay Community Park Tennis Center. The County advertised RFP #11 -5785 on
October 10, 2011, and forty -seven proposal packages were downloaded by the vendor
community. Two (2) proposals were received by the due date of November 9, 2011. A
selection committee reviewed the proposals, and by consensus, ranked the firms in the
following order:
1. Naples Tennis Academy, LLC
2. ABC Finance, LLC
Staff has negotiated with the top ranked firm and recommends that the Board approve
entering into a contract with Naples Tennis Academy.
ABC Finance LLC ( "ABC ") submitted a formal protest on March 12, 2012, consistent with the
Board's Purchasing Policy at Section XIX: Protest of Bid or Proposal Award. The
Purchasing Department's Contract Administration Manager reviewed each issue raised in
ABC's protest and determined that there was no evidence to support overturning the Selection
Committee's decision to recommend the award of the contract to Naples Tennis Academy.
After the Contract Administration Manager issuing her written findings, ABC submitted a final
timely formal protest of the recommended contract award on March 20, 2012 (see Purchasing
Policy Section XIX F. ). The County Manager decided not to exercise his discretion to appoint
an independent hearing officer to hear ABC's protest, so the contested award will be reviewed
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4/10/2012 Item 11.G.
by the Board of County Commissioners (see Purchasing Policy, Section XIX H). ABC's protest
of the recommended award is scheduled to be heard immediately prior to this agenda item.
Assuming the Board upholds Staff's determination; staff recommends that the contract be
awarded to Naples Tennis Academy.
FISCAL IMPACT: The Parks and Recreation Department will receive from Naples Tennis
Academy two thousand ($2,000) dollars per month in consideration for operating the facility,
twelve thousand ($12,000) annual investments in the Tennis Program facility infrastructure, and a
minimum three thousand five hundred ($3,500) annual investment in marketing of the Pelican Bay
Tennis Center.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
RECOMMENDATIONS: That the Board of County Commissioners awards RFP # 11 -5785
to Naples Tennis Academy, LLC and authorizes its Chairman to sign the attached contract
subject to final review by the County Attorney.
Prepared by: Jeanine McPherson, Parks & Recreation
Attachment: Contract # 11 -5785
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.G.
4/10/2012 Item 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 Naples Tennis Academy, LLC.
(Barry Williams, Parks and Recreation Director)
Meeting Date: 4/10/2012
Prepared By
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
4/2/2012 12:46:45 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 4/2/2012 12:57:57 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 4/2/2012 12:58:17 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 4/2/2012 1:08:52 PM
Name: MaguireErin
Title: Applications Analyst
Date: 4/2/2012 2:19:35 PM
Name: MaguireErin
Title: Applications Analyst
Date: 4/2/2012 2:22:19 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/2/2012 4:29:52 PM
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Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 4/2/2012 5:39:51 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 4/3/2012 1:53:55 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/3/2012 4:46:36 PM
Name: OchsLeo
Title: County Manager
Date: 4/3/2012 4:56:37 PM
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4/10/2012 Item 11.G.
4/10/2012 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 The Naples Tennis Academy, LLC, 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) initial 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 under the same terms and
conditions as the original Agreement. 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 (15t") 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.
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4/10/2012 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 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 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:
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
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
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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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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
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4/10/2012 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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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.
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4/10/2012 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
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to form and
legal sufficiency:
Scott Teach
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
The Naples Tennis Academes
Contractor
LOU
Signature
Typed signature and title
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Exhibit A
Scope of Services
Detailed Scope of Work
4/10/2012 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:
1. 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 USTA.
c. To provide a well maintained facility.
2. Managing and maintaining the day -to -day operational requirements of the "Tennis Program'
including:
a. Eight (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
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4/10/2012 Item 11.G.
who don't hold a current Pelican Bay Park Tennis Membership will pay $10 per home
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.
6. Payments and investments due Collier County
a. Paying the County a monthly guarantee commission of two- thousand dollars ($2000)
(the "rental payment" or "commission') and utility (electric and water) costs for all
services provided by the Contractor. Both the rental payment 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.
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 (15th) of each
month for the preceding month.
b. Activity Calendar - use any format
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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 (15th) of each
month for the following month.
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:O0am 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.
f. Operational and Facili . 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.
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4/10/2012 Item 11.G.
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,
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 closed, secured bags at the front of the maintenance
building between 5:00 - 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-
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approve all marketing materials prior to use. This includes any signage. Collier County
has the right to reject marketing materials.
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
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 -533-
4/10/2012 Item 11.G.
EXHIBIT B
PELICAN BAY TENNIS CENTER MAINTENANCE SCHEDULE
Page 13 of 16
Packet Page -534-
Daily /Weekly
Monthly /Annual
Repair
Responsibilities
Cabanas, Court
Monitor bleachers, tables,
Clean cabana awnings at least
Responsible for all
Furniture,
cabanas, and water fountains
twice a year.
repairs and
and Bleachers
for cleanliness and safety.
replacements
except water
Sweep cabanas, wipe tables,
fountains.
and remove litter daily. DO NOT
OPERATE MECHANICAL
BLOWER BEFORE 8 AM.
__..
Court Lighting
. ............. . . .... -
Report any light issues to
..... .... _...... ._..
Responsible for but
Veterans
not limited to bulbs,
Community Park. Responsible
ballasts, and fuses.
for keeping control panel locked.
Not responsible for
any wiring
issues.
.......
Court
_. . ____
Check center net straps,
Inventory court grooming
...........
Responsible for all
Supplies /Equipm
anchors, and net heights
equipment and replace bristles,
court supplies, and
ent:
weekly. Replace /adjust as
teeth, and rollers as needed,
keeping Inventory
Nets, Net
needed.
items in good
Accessories,
Replace nets every 12 -18 mos.,
condition.
Windscreens,
Check windscreens and nets
tidy buckets every 18 -24 mos.,
Tidy Buckets and
weekly. Replace torn nets or
tidy trays when broken or
Trays,
windscreens within 30 days.
significantly faded, and
Windscreens may be removed
windscreens when tears or
when the first significant storm
discoloration is noted.
threatens the area during
Replacement windscreens must
hurricane season. Windscreens
! be of similar size, color and
must be rehung no later than
construction.
November 15th.
Court Surface
tennis courts at
:Drag and line tens
Resurface Courts ourts every 12 -18
Responsible for all
least twice
mos.:
supplies and
daily: prior to morning and
remove & dispose of old clay,
repairs.
evening play.
replace
Responsible for
lines, add new material, and
disposal of old court
Apply clay as needed.
level.
materials.
Apply algaecide weekly or as
Roll courts as needed.
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.
Page 13 of 16
Packet Page -534-
4/10/2012 Item 11.G.
Fencing
Check fences weekly for safety
Re -tie fence net to posts and
Responsible for all
issues.
stabilizer bars using black fence
repairs and
tie wire. Cover areas which have
replacements.
lost black coating with black
spray paint.
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
building itself.
Restrooms
Check Restrooms at least twice
Responsible for all
daily. Clean /disinfect daily.
supplies and repairs
Cleaning company will clean
except 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.
repairs.
Trash rvRemoval
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- 11:00am 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.
ape.
Page 14 of 16
Packet Page -535-
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4/10/2012 Item 11.G.
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M111141-1. i)
PELICAN BAY TENNIS CENTER MONTHLY REPORT Month: Yuri
1. Monthly Revenue
I,r rees
Ball Mkh rir
L-lerroekhipg 11to Shop 1,a ei
AX
Specia!
Le g4 F Eiz
Instructic",
RtV.
USAGE TqTA L
V
Z, Tennis Center Pa rticipant's
......... . . .... ........ .. .... .
6 , tper. '
LAI N1jf.hh!R ',J-Algar ,' Sppdal Event
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wrilaf r-rjponi
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PAR-nC1PjPT TOTAL
Virt0parii, rimiciosirt';
M, � 'n % rww.
116 pari(�'
pklrlii�J' - -
on nt "
OV M
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Ball machine wlx*e"s I Special Even-
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kvai: (in A 1verwjwl: Rm. .al! Usage >
Wage vase
usge
USAGE TqTA L
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4. AddIllonal Data
NuWi�-rrf E N . ni bet of � pe-cial Wnbeiaf N . ether -) f FA x a, Rurnher oka nips, - lCumber of Dap &
wifilli I Wywiln& LMIM6 USIA EVS L e a ;j es.1 I e a rr. s
to
�:I' -, r Mrs office open.
Completed 3V: Date.,
"Llst1iny additional highlIgNts
Page 16 of 16
Packet Page -537-