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R25-263
RESOLUTION NO. R25-263 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE REVENUE SHARING LEASE AGREEMENT 3 BETWEEN THE CITY OF BOYNTON BEACH AND FM TENNIS LLC D/B/A 4 TENNIS PERFORMANCE CENTER TO OPERATE AND MANAGE THE 5 BOYNTON BEACH TENNIS AND PICKLEBALL CENTER LOCATED AT 3111 6 SOUTH CONGRESS AVENUE; AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the City of Boynton Beach ("City") owns the Tennis and Pickleball Center 10 ("Center") located at 3111 South Congress Avenue, a longstanding municipal facility that has 11 served the community for decades, featuring multiple clay and hard courts for tennis, pickleball 12 courts, as well as a 1,596 square foot building that provides member and non-member services 13 and amenities; and 14 WHEREAS, the Center offers convenient access for City residents and supports 15 professional training, instruction, recreation, and leisure activities; and 16 WHEREAS, City Staff have reviewed the functionality of the Center and determined that it 17 was in the best interest of the City to outsource Center management by soliciting a Request for 18 Proposals ("RFP") in order to enhance City programs and services by ensuring the continued 19 operation and improvement of the Center, with City residents benefiting from upgraded facilities, 20 improved programing, reduce financial burden while maintaining City oversight while ensuring 21 that the Center remains a high-quality recreational and community asset; and 22 WHEREAS, the City issued RFP No. 25-031R seeking an experienced operator to manage 23 and operate the Center, and obtained five proposals on May 23, 2025; and 24 WHEREAS, on July 8, 2025, the City evaluation committee met, reviewed, and scored the 25 submissions, shortlisting the two highest-ranking firms for presentation; and 26 WHEREAS, on August 4, 2025, the committee received presentations from Agape Tennis 27 Academy and FM Tennis, and upon completion of the scoring process, FM Tennis was ranked as 28 the highest-scoring proposer; and 29 WHEREAS, the City and FM Tennis ("Operator") negotiated a proposed agreement with 30 an initial five-year term commencing October 1, 2025 and ending on September 30, 2030, with 31 the option to renew for two additional two-year periods, with the Operator paying the City a base RESOLUTION NO. R25-263 32 rent of$6,000 per month during the first year and $7,000 per month for each successive year, with 33 a 3% annual increase on the commencement date anniversary, with the Operator's rent 34 obligations waived for the first six months of the term to provide the Operator with adequate time 35 to assume operations and hire staff; and 36 WHEREAS, in addition to the base rent,the Operator will pay the City 3%of gross revenues 37 as revenue share, subject to a minimum annual guarantee of$32,000 in the first year and $96,000 38 in each subsequent year, with any shortfall due within thirty days of year-end, with the Operator 39 also required to make a minimum capital investment of $250,000 in Center improvements within 40 the first five years; and 41 WHEREAS, the Operator shall develop and implement community programs designed to 42 promote tennis and pickleball, including youth clinics, programs for seniors, initiatives for persons 43 with disabilities, school partnerships, and at least four free or reduced-cost community events per 44 year; and 45 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 46 best interests of the City's citizens and residents to approve the Lease Agreement between the 47 City and FM Tennis. 4R 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 50 BEACH, FLORIDA, THAT: 51 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 52 being true and correct and are hereby made a specific part of this Resolution upon adoption. 53 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 54 approve the City-Owned Tennis and Pickleball Center Revenue Sharing Lease and Operating 55 Agreement between the City and FM Tennis LLC d/b/a FM Tennis Performance Center, in form 56 and substance similar to that attached as Exhibit A. 57 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 58 authorizes the Mayor to execute the Agreement, renewals, and such other related documents as 59 may be necessary to accomplish the purpose of the Agreement and this Resolution. RESOLUTION NO. R25-263 60 SECTION 4. This Resolution shall take effect in accordance with the law. 61 62 PASSED AND ADOPTED this I 441 day of3..004err113€C- 2025. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES - NO 65 Mayor- Rebecca Shelton ✓ 66 67 Vice Mayor-Woodrow L. Hay 68 69 Commissioner-Angela Cruz 70 V 71 Commissioner-Thomas Turkin 72 / 73 Commissioner-Aimee Kelley �/ 74 75 OTE .5'.-0 76 AT ST: 78 O O' O /1 79 Maylee be us, MPA, M C R 'becc Shelton 80 City Clek Mayor 81 82 APPROVED AS TO FORM: 83 (Corporate Seal) 84 g0Y N Tp/tt 85 �i�O�•GORPORATF••���., AV '/ A.aerh • Shawna G. Lamb 86 # . SEAL _' 87 :IINCORPORATED; City Attorney ft. .•,.1920 ,' FCCRION t r O �roN c3 CITY-OWNED TENNIS AND PICKLEBALL CENTER REVENUE SHARING LEASE AND OPERATING AGREEMENT THIS REVENUE SHARING LEASE AGREEMENT (the "Agreement") is made and entered into as of October 1, 2025 (the "Effective Date"), by and between the City of Boynton Beach, a Florida municipal corporation, with its principal place of business at 100 E. Ocean Ave., Boynton Beach, FL 33435 (the "City") and FM Tennis LLC DBA FM Tennis Performance Center, a Florida Limited Liability Company with its principal place of business at 3600 S. Congress Ave. Ste K, Boynton Beach, Florida ("Operator"). (The City and Operator are sometimes individually referred to as a "Party" and collectively as the "Parties") RECITALS WHEREAS, the City is the owner of certain real property located at 3111 South Congress Avenue, Boynton Beach, FL 33426, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Property includes tennis courts, pickleball courts, and related facilities suitable for operation, such as a tennis and pickleball center; and WHEREAS, the City has determined that it is in the best interest of the public to engage an experienced operator to manage and operate the tennis and pickleball center ("the "Center"); and WHEREAS, the City issued procurement solicitation RFP No. RFP No. 25-031R - TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) on March 24, 2025, Exhibit "1" seeking proposals from firms offering to operate a tennis and pickleball center, a copy of which is incorporated into this Agreement by reference; and WHEREAS, the RFP closed on May 23, 2025, the City received five (5) proposal submittals; and WHEREAS, FM Tennis submitted a proposal for this RFP and term Operator contract, Exhibit "2"; and WHEREAS, on July 8, 2025, the evaluation committee met to discuss and score the five (5) proposal submissions and shortlisted the top two (2) highest scoring proposals to provide presentations; and RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 1 OPERATOR WHEREAS, on August 4, 2025, the evaluation committee witnessed presentations from the top two shortlisted Proposer Agape Tennis Academy and FM Tennis; and WHEREAS, FM tennis provided the City with a PowerPoint outlining all operations, Exhibit "3"; and WHEREAS, the evaluation committee scored the evaluation portion of the criteria and determined that FM Tennis was the highest scoring Proposer for this RFP; and WHEREAS, the City assembled a negotiation committee and met with FM Tennis three (3) times in publicly noticed, closed-to-the-public negotiation meetings; and WHEREAS, negotiations pertaining to the subject matter of this Agreement were undertaken between the Parties and this Agreement incorporates the results of such negotiations; and WHEREAS, Operator desires to lease the Property from the City for the purpose of operating a tennis and pickleball center; and WHEREAS, the City and Operator wish to enter into this Agreement to establish the terms and conditions under which Operator will lease and operate the Center, including provisions for sharing revenue generated from the Center's operations, in accordance with all applicable Florida laws governing municipal contracts; and WHEREAS, this Agreement was approved by the City Commission of the City of Boynton Beach by Resolution No. 25- on September 18 2025, 2025, in accordance with all applicable laws and procedures; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. LEASE OF PROPERTY 1.1 Lease Grant The City hereby leases to Operator, and Operator hereby leases from the City, the Property for the Term (as defined below), subject to the terms and conditions set forth in this Agreement. 1.2 Premises The leased premises (the "Premises") consist of: a) Seventeen (17) tennis courts with two (2) hard courts; b) Six (6) pickleball courts; RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 2 OPERATOR c) Clubhouse and pro shop of approximately One Thousand Five Hundred Ninety-Six (1,596) square feet; d) Locker rooms and restroom facilities; e) Parking areas; f) Storage areas; g) Office space; and 1.3 Condition of Premises Operator acknowledges that it has inspected the Premises and accepts the Premises in their current "AS IS" condition, except as otherwise specified in Exhibit "B" (if applicable). Operator and City shall perform a "walk-through"at least seven (7) days prior to the commencement of the lease to identify and memorialize the condition of the property prior to the commencement of the lease. Should Operator and City find deficiencies that would prevent the safe operation of the Facility during the "walk through" the City shall either remedy the deficiency prior to the commencement of the lease or shall remedy the deficiency within seven (7) day after the commencement of the lease. Such deficiencies may include: broken light fixtures, broken fences, cracked playing court surfaces, uneven sidewalks, broken bleachers, etc... 1.4 Public Purpose and Benefit The Parties acknowledge that the Premises constitute a public recreational facility owned by the City and that this Agreement is intended to serve the public interest by providing recreational opportunities to the residents and visitors of the City while ensuring efficient operation and maintenance of the facility. Operator shall operate the Center in a manner consistent with this public purpose. 1.5 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS The Operator agrees to work with the City on grant-funded projects sponsored by the City for Capital Improvement Projects and to maintain compliance for audits and general record keeping storage, and reporting requirements as stated in the grant applications. The parties acknowledge that City may from time to time undertake capital improvements, renovations, or upgrades to the Facility (collectively, "Improvements"), including but not limited to projects funded through grants or other funding sources. Operator acknowledges and agrees that: (a) City may temporarily close all or portions of the Facility as reasonably necessary to complete such Improvements, provided City gives Operator at least_Forty-Five (45) days' prior written notice of any planned closure, except in cases of emergency repairs where immediate closure is required; (b) No rent abatement, revenue share adjustment, or other compensation shall be due to Operator during periods of temporary closure for Improvements, as such Improvements RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 3 OPERATOR are intended to enhance the Facility and increase its revenue-generating potential for the mutual benefit of both parties; (c) City shall use commercially reasonable efforts to minimize disruptions to Operator's business operations and shall coordinate with Operator regarding the timing and scope of Improvements to the extent practicable; (d) Operator shall cooperate with City and its contractors in connection with Improvements, including providing reasonable access to areas of the Facility under Operator's control; and (e) Upon completion of Improvements, any increases in operating capacity, functionality, or revenue potential shall inure to the benefit of both parties in accordance with the terms of this Agreement. The Parties acknowledge that the improvements contemplated herein are intended to enhance the Operator's overall operations. Accordingly, the Operator shall not assess or impose any penalties against the City in connection with such improvements and shall remain obligated to remit all payments and rates agreed upon and set forth in this Agreement. 2. TERM, RENEWAL, AND TERMINATION 2.1 Initial Term The initial term of this Agreement shall be for a period of Five (5) years, commencing on October 1, 2025 (the "Commencement Date") and ending on September 30, 2030(the "Initial Term"), unless earlier terminated as provided herein. 2.2 Renewal Options Provided that Operator is not in default under this Agreement, Operator shall have the option to renew this Agreement for Two (2) additional periods of Two (2) years each (each, a "Renewal Term") on the same terms and conditions as set forth herein, except for adjustments to the Base Rent and Revenue Share percentages as provided in Sections 3.1 and 3.2. The Parties must enter into a written amendment to exercise a renewal option. If Operator does not intend to agree to the exercise of a renewal option, it must provide the City with at least One Hundred Eighty (180) days' written notice prior to the expiration of the then-current term. 2.3 Term As used herein, "Term" shall mean the Initial Term and any Renewal Term(s) exercised by Operator. 2.4 Termination for Cause RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 4 OPERATOR This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach ("Cure Period"). The party in breach may, within the Cure Period, request an extension to the Cure Period for a reasonable time if such party demonstrates best efforts to cure such breach. his Agreement may be terminated for cause as provided for herein for reasons including, but not limited to, Operator's repeated (whether negligent or intentional) submission of false or incorrect reports, Operator's failure to perform the scope of services suitably, or failure to continuously perform the scope of services in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if Operator is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if Operator provides a false certification submitted pursuant to Section 287.135, Florida Statutes. If either party erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective nine (9) months after receipt of such written notice of termination for cause. 2.5 Termination for Convenience City shall have the right to terminate this Agreement for convenience upon a minimum of nine (9) months written notice to Operator. This time period may be extended up to an additional thirty (30) days, at the City's sole discretion, if Operator delivers a written request to the City Manager for an extension within sixty (60) days from receipt of the initial notice. Operator's written extension request shall include sufficient explanation and documentation to allow the City to reasonably grant same. In the event that City terminates this Agreement for convenience, within ninety (90) days following the effective date of such termination, City shall pay Operator the amount expended by Operator and approved by City for Operator's capital improvements to the Premises during the Term of this Agreement, minus an annual twenty percent twenty (20%) depreciation for each approved improvement. For the purposes of this Agreement, "capital improvement" shall mean permanent improvements including, but not limited to, structures, complete mechanical, plumbing, or electric systems, and permanent fixtures. 2.6 Termination to Protect Health, Safety, or Welfare This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 2.7 Notice of Termination Notice of termination shall be provided in accordance with the "Notices" section of this Agreement, except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 5 OPERATOR shall be promptly confirmed in writing in accordance with the "Notices" section of this Agreement. 3. RENT AND REVENUE SHARING 3.1 Base Rent Operator shall pay to City a base rent of $6,000.00 per month for the first year and then $7,000.00 per month for each successive year of the agreement ("Base Rent"), due on the first day of each month during the Term, without demand, offset, or deduction. The Base Rent shall increase by Three percent (3.0%) on each anniversary of the Commencement Date. The Parties agree that the Operator's payment obligations under this Agreement shall be waived for the first six (6) months of the Term in order to provide the Operator sufficient time to become acclimated to the operations and to hire additional staff. 3.2 Revenue Share In addition to the Base Rent, Operator shall pay to City a percentage of Gross Revenue (as defined below) generated from the Center's operations (the "Revenue Share") according to the following schedule: Three (3%) of all gross revenue obtained by the Operator. 3.3 Definition of Gross Revenue "Gross Revenue" means all revenue and income of any kind generated from the Center's operation, whether by cash, credit, barter, exchange, or otherwise, before any deductions for expenses, taxes, or other items. Gross Revenue shall not include: a) Sales or other taxes collected from customers and remitted to the appropriate taxing authority; b) Refunds or credits to customers for returned merchandise or canceled services; c) Insurance proceeds; and d) Security deposits (except to the extent applied as rent or forfeited). 3.4 Payment of Revenue Share Operator shall calculate the Revenue Share on a monthly basis and shall pay the Revenue Share to City within fifteen (15)days after the end of each calendar month. Each Revenue Share payment shall be accompanied by a detailed statement showing the calculation of Gross Revenue and the Revenue Share for the applicable month. Alternatively, if the parties so choose at the inception of this agreement, the Operator shall reinvest the Revenue Share into the facility and associated programming at the RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 6 OPERATOR facility. All expenditures of the reinvested revenue share shall be approved by the City in advance. 3.5 Records and Audit Rights Operator shall maintain complete and accurate books and records of all revenue and expenses related to the operation of the Center. City shall have the right, upon reasonable notice and during normal business hours, to inspect and audit Operator's books and records to verify the calculation of Gross Revenue and the Revenue Share. If an audit inspection in accordance with this section discloses underpayment (of any nature) by Operator to the City in excess of one-half of one percent(.5%) of the total contract billings, (1) the reasonable costs of the City's audit shall be reimbursed to the City by the Operator and (2) liquidated damages in the amount of fifteen (15%) of the underpayment shall be assessed. Any adjustments and/or payments that must be made as a result of the audit inspection, including any interest, audit costs, and liquidated damages, shall be made by the Operator within forty-five (45) days from the presentation of the City's findings to the Operator. Failure by Operator to permit such audit shall be grounds for termination of this Agreement by the City. 3.6 Minimum Annual Guarantee Notwithstanding the Revenue Share percentages set forth in Section 3.2, Operator guarantees that the total Revenue Share payments for the first year during the agreement will be at least Thirty-Two Thousand ($32,000.00), and then Ninety-Six ($96,000.00) for the each of the successive years of the Term. (the "Minimum Annual Guarantee"). If the total Revenue Share payments for any calendar year are less than the Minimum Annual Guarantee, Operator shall pay the difference to City within thirty (30) days after the end of the calendar year. Operator shall make a capital investment of not less than Two Hundred Fifty Thousand ($250,000.00) in improvements to the Premises within the first Five (5) years of the Initial Term (the"Required Capital Investment"). The Required Capital Investment shall be used for[, e.g., court resurfacing, lighting upgrades, facility renovations, etc.]. All improvements shall be subject to City's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. Specific improvements Operator intends to make include but not limited to interior fencing for the pickleball courts (repaint and partition the existing six pickleball courts), convert clay court 17 to four pickle ball courts with bleacher seating, City branded windscreens, outdoor furniture, awnings and improvements to the interior of the Pro Shop. 4. SECURITY AND DAMAGE DEPOSITS 4.1 Security Deposit Upon execution of this Agreement, Operator shall deposit with City the sum of Five Thousand Dollars ($5,000.00) as a security deposit (the "Security Deposit"). RFP No 25-031R-TENNIS&PICKLEBALL CENTER SERVICES 7 OPERATOR 4.2 Use and Return of Security Deposit City may use the Security Deposit to remedy any default by Operator under this Agreement, including but not limited to failure to pay rent, failure to repair damage to the Premises, or failure to leave the Premises in clean condition upon termination of this Agreement. Within thirty (30) days after the termination of this Agreement and Operator's vacation of the Premises, City shall return the Security Deposit to Operator, less any amounts properly withheld by City, along with an itemized statement of any amounts withheld. 5. USE OF PREMISES; OPERATIONS; BACKGROUND CHECKS 5.1 Permitted Use Operator shall use the Premises solely for the purpose of operating a tennis and pickleball center, including related activities such as providing tennis and pickleball lessons, hosting tournaments and events, operating a pro shop, and providing food and beverage services. Operator shall not use the Premises for any other purpose without the City's prior written consent. Operator's services are described in further detail in Exhibit "C". 5.2 Hours of Operation Operator shall operate the Center during reasonable business hours as determined by Operator, provided that the Center shall be open to the public for a minimum of Seventy (70) hours per week, subject to inclement weather and holidays. The City reserves the right to establish minimum operating hours to ensure adequate public access to the facility. 5.3 Public Access Operator shall ensure that the Center is reasonably accessible to all members of the public, including City residents and non-residents, without discrimination. Operator shall establish and maintain a schedule of user fees that provides preferential rates to City residents. The fee schedule shall be subject to approval by the City Commission on an annual basis. 5.4 Community Programs Operator shall develop and implement community programs designed to promote tennis and pickleball in the community, including but not limited to: a) Youth programs and clinics; b) Programs for seniors; c) Programs for persons with disabilities; d) School partnerships; and e) At least Four (4) free or reduced-cost community events per year. RFP No.25-031R-TENNIS 8,PICKLEBALL CENTER SERVICES 8 OPERATOR The community programs shall be detailed in an annual Community Benefit Plan to be submitted to the City for approval. 5.5 Compliance with Laws Operator shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with its use and operation of the Premises, including but not limited to: a) Obtaining and maintaining all necessary licenses, permits, and approvals; b) Americans with Disabilities Act (ADA) requirements; c) Florida Building Code; d) Florida Fire Prevention Code; e) City zoning ordinances and land development regulations; f) Health and safety regulations; and g) Environmental regulations. 5.6 Rules and Regulations Operator shall establish reasonable rules and regulations for the use of the Center by members and guests, which shall be subject to the City's approval, not to be unreasonably withheld, conditioned, or delayed. Operator shall provide a copy of such rules and regulations to the City and shall enforce them consistently and fairly. 5.7 Staffing Operator shall assign a full-time qualified, experienced operations or business Manager ("Operations Manager") for operation of the Center under this Agreement. Said Operations Manager or the Manager's authorized agent must be at least eighteen (18) years of age and be physically available during approved operating hours. In addition to the Operations Manager, Operator shall either hire a General Manager or provide additional training to the Operations Manager so as to provide optimal planning, interactive, and oversight functions at the Center. The qualifications of the Manager(s) shall be submitted to the City upon request. During the hours when the Operations Manager is not on duty or available, Operator or the Operations Manager shall designate an individual as Operator's authorized agent who shall be responsible for the day-to-day operations of the Center. The City shall be advised in writing of the names, addresses, and birth dates of the Manager(s) and the Manager's authorized agent(s), and if necessary and requested by the City, the Social Security Numbers of the Manager(s). Operator shall endeavor to hire persons of good moral character and perform criminal background checks as provided in this Agreement. All instructional staff shall be certified by the United States Professional Tennis Association (USPTA), Professional Pickleball Association (PPA), or other recognized professional organizations. 5.8 Quality of Services RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 9 OPERATOR Operator represents that each person who will render services under this Agreement is duly qualified to perform such services by all applicable and appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. The quality of Operator's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards for similar operations. Operator's employees, agents, representatives, independent contractors, subcontractors, volunteers, or others involved in the maintenance or operation of the Center shall perform their respective duties in an efficient and courteous manner. Failure of any of these persons to do so shall be grounds for their removal from duties by the Operator's direct action or via the City's reasonable demand if, after reasonable notice by the City, the Operator fails to take the necessary steps to correct the cause of such objection. The Operator shall provide all staffing necessary for the Center's operation under this Agreement during the Center's operating hours. Operator shall furnish good, prompt, and efficient service adequate to meet all reasonable demands for such service. The City may periodically evaluate Operator's performance under this Agreement and reasonably recommend that Operator modify its operations to furnish good, prompt, and efficient service. The implementation by Operator of any recommendations by the City shall not be unreasonably withheld. Operator's employees shall be distinctively uniformed and appropriately attired in a neat and professional manner that distinguishes Operator's employees from City employees' attire, e.g., golf or polo shirts with distinctive logos, name tags, and matching slacks or shorts. Operator shall not permit music audio merchandising, background sounds, or other noise or sounds to be audible outside of the Premises. All sounds or noise, including, but not limited to, music generated at or caused by the Operator or emanating from the Premises, shall be kept to reasonable levels and must be turned off and remain off at the request of the City. Operator shall cause the immediate cessation of any noise, music, or other sounds emanating from the Premises, which is deemed offensive, distracting, or disturbing by the City, in the City's sole determination. 5.9 Damage to Premises Operator shall repair any and all damage to the Center's or Operator's real and personal property caused by Operator, its employees, agents, subcontractors, independent contractors, patrons, and invitees. City shall repair any and all damage to the Center's or Operator's real and personal property caused by City, its employees, agents, subcontractors, and independent contractors. 5.10 Inspection by City RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 10 OPERATOR The City shall have the authority to make periodic reasonable inspections of the Center, equipment, and operations during normal operating hours to determine if such are being maintained in a neat and orderly condition or to determine whether Operator is operating in compliance with the terms of this Agreement. All inspections shall be conducted, during normal business hours, in a manner so as not to interfere with the normal operations of the Center. The City may inform Operator of any needed actions to correct improper operations. Operator shall reasonably comply with any recommendations of the City with respect to improper operations issues. 5.11 Marketing and Promotion Operator shall actively market and promote the Center to maximize usage and revenue. Operator's marketing efforts shall include but not be limited to maintaining a website, social media presence, email newsletters, and local advertising. All marketing materials shall acknowledge that the Premises are owned by the City of Boynton Beach. 5.12 Criminal Background Screening Operator shall perform criminal background screening as identified below on its officers, employees, agents, independent contractors, and volunteers working under this Agreement on the Premises. Further, if Operator is permitted to utilize subcontractors under this Agreement, Operator shall perform or ensure that the background screening as required below is conducted on any permitted subcontractor, which term includes the subcontractor's officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Center. Operator shall not be required to comply with the provisions for criminal background screening under this section for those independent vendors coming onto the Premises merely to make deliveries of goods or services for, or relating to, the Center. Operator shall not permit any person who is listed as a sexual predator or sexual offender on the Florida Department of Law Enforcement, Sexual Offenders and Predators Website or the United States Department of Justice, National Sex Offender Public Website, to provide any services for Operator on the Premises. Operator shall maintain copies of the results of the criminal background screening required for the Term and promptly forward copies of same to City upon its request. Operator shall be required to furnish to the City, on a monthly basis, an Affidavit, in a form approved by City, affirming the persons listed in the Affidavit have been background screened as required by this Agreement and have been deemed eligible by Operator to work at the Center. Operator's monthly Affidavit shall update information from the previous Affidavit by reconfirming the status of persons who have previously been deemed eligible as provided for above and updating the list, when applicable, to specifically identify new persons providing services for Operator under this Agreement who have been background screened as required and deemed eligible to work at the Center. In its discretion, the City may permit Operator to furnish the monthly Affidavit in an electronic format. RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 11 OPERATOR In the event Operator obtains or is provided supplemental criminal background information, including police reports and arrest information, which potentially disqualifies a person previously deemed eligible by Operator to provide services under this Agreement, Operator shall take immediate action to review the matter; however, during such review time and until a determination of eligibility is made by Operator based on the requirements of this section, Operator shall immediately cease allowing the person to work at the Center. Additionally, Operator shall be required to inform any person background screened pursuant to this section who is providing services under this Agreement, to notify Operator within forty-eight (48) hours of any arrest related to sexual misconduct that has occurred after the person was deemed eligible to work at the Center. Operator shall, by written contract, require its permitted subcontractors to agree to the requirements and obligations of this section. City may terminate this Agreement immediately for cause, with written notice provided to Operator, for a violation related to Operator's failure to perform the required background screening on its officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Center. City may also terminate this Agreement immediately for cause, with written notice provided to Operator, if City determines Operator failed to ensure that its permitted subcontractors have been background screened as required in this section before performing any services under this Agreement at the Center. Operator will not be subject to immediate termination in the event City determines a violation of this section was outside the reasonable control of Operator and Operator has demonstrated to City compliance with the requirements of this section. City may terminate this Agreement for cause if Operator fails to provide the monthly Affidavit to City as provided above, and Operator does not cure said breach within five (5) days of written notice provided to Operator by City in accordance with the "Notices" section of this Agreement. 6. MAINTENANCE AND REPAIRS 6.1 Operator's Obligations Operator shall, at its sole cost and expense, keep and maintain the Premises in good condition and repair, including but not limited to: a) Regular maintenance of tennis and pickleball courts, including resurfacing as needed; b) Maintenance of court lighting, fencing, and nets; c) Maintenance of the clubhouse, pro-shop, locker rooms, and restroom facilities; d) Janitorial services and trash removal; f) Pest control; and g) Minor repairs and maintenance of building systems. 6.2 City's Obligations RFP No 25-031R-TENNIS&PICKLEBALL CENTER SERVICES 12 OPERATOR City shall, at its sole cost and expense, be responsible for: a) Structural repairs to the buildings; b) Roof repairs and replacement; c) Major repairs or replacement of HVAC, plumbing, and electrical systems; and d) Maintenance and repairs to the parking lot, including repaving, when necessary, e); Maintenance of landscaping and grounds 6.3 Capital Improvements Any capital improvements to the Premises with a cost exceeding Seventy-Five Thousand ($75,000.00) shall require City's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. City and Operator shall agree in writing on the allocation of costs for any approved capital improvements. 7. UTILITIES AND SERVICES 7.1 Operator's Responsibility Operator shall pay for all utilities and services supplied to the Premises, including but not limited to electricity, gas, water, sewer, telephone, internet, cable/satellite television, security systems, and trash collection. 7.2 Interruption of Services City shall not be liable for any interruption or failure of utility services to the Premises unless such interruption or failure is caused by City's negligence or willful misconduct. 8. PAYMENT OF TAXES AND OBLIGATIONS 8.1 Real Property and Business Taxes City shall pay all real property taxes and assessments levied against the Property. If real property taxes increase due to Operator's specific use of the Property or improvements made by Operator, Operator shall pay the amount of such increase. Operator shall pay all taxes and other costs lawfully assessed against its business and legal interest in the operation of the Center under this Agreement, including but not limited to the Center- related Improvements made by Operator; provided, however, that Operator shall not be deemed in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity or amount of such taxes and/or other costs. 8.2 Sales and Use Taxes RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 13 OPERATOR Operator shall be liable for the prevailing state of Florida Sales and Use Tax imposed on rent payable to City under this Agreement. This tax shall be calculated in addition to and not incorporated into the monthly rent. Operator shall be liable for all other taxes due taxing authorities arising out of its operations under this Agreement, including all taxes assessed against Operator's personal property, trade fixtures, and equipment located on the Premises. 8.3 Other Obligations Operator shall procure and obtain, at its sole cost, all permits, licenses, and approvals required of Operator for its operations and performance under this Agreement. Operator shall be responsible for paying its approved contractors, subcontractors, and suppliers hired to perform any of the Center-related improvements for work performed or for supplies, equipment, or materials transacted, any undisputed amount within thirty (30) calendar days following receipt of appropriate invoices for such work or supplies, upon completion of same. Operator shall take such action necessary to resolve any amounts in dispute. 9. INSURANCE 9.1 Operator's Insurance Operator shall, at its sole cost and expense, maintain the following insurance coverage throughout the Term: a) Commercial General Liability Insurance with limits of not less than Two Million Dollars $2,000,000 per occurrence and Four Million Dollars ($4,000,000) aggregate; b) Property Insurance covering Operator's personal property, trade fixtures, and equipment; c) Business Interruption Insurance; d) Workers' Compensation Insurance as required by law; e) Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000) combined single limit; f) Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence (if Operator provides professional services such as instruction); g) Employment Practices Liability Insurance with limits of not less than One Million Dollars ($1,000,000); and h) Cyber Liability Insurance with limits of not less than One Million Dollars ($1,000,000) (if Operator collects personal information through websites, mobile applications, or other digital platforms). 9.2 City's Insurance The City shall maintain property insurance covering the buildings and permanent improvements on the Property, and commercial general liability insurance with respect to the City's ownership of the Property, in accordance with the City's standard insurance REP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 14 OPERATOR program and risk management policies. The Parties acknowledge that the City may be self-insured. 9.3 Policy Requirements All insurance policies required under this Agreement shall: a) Name the City as an additional insured on all liability policies (except for Workers' Compensation Insurance); b) Provide that the policy cannot be canceled or materially modified without at least thirty (30) days prior written notice to the City; c) Include a waiver of subrogation in favor of the City; d) Be primary and non-contributory with respect to any insurance or self-insurance programs maintained by the City; and e) Be issued by insurance companies licensed to do business in the State of Florida with a financial rating of at least A-VII in the most recent edition of Best's Insurance Reports. 9.4 Certificates of Insurance Operator shall provide the City with certificates of insurance evidencing the required coverage prior to the Commencement Date and upon renewal of any policy. The certificates shall reference this Agreement and confirm compliance with all requirements specified herein. If requested by the City, Operator shall provide complete copies of any required insurance policies. 9.5 Waiver of Subrogation Each Party hereby waives any right of recovery against the other Party for any loss or damage covered by insurance, regardless of whether such loss or damage is caused by the negligence of the other Party. Each Party shall obtain endorsements to its insurance policies as needed to effectuate this waiver of subrogation. 9.6 Compliance with Florida Statutes Operator's insurance shall comply with all requirements of Section 768.28, Florida Statutes, and other applicable laws regarding insurance for contracts with governmental entities in Florida. Operator acknowledges that the City, as a governmental entity, is entitled to sovereign immunity protections and limitations of liability as set forth in Section 768.28, Florida Statutes. 10. INDEMNIFICATION Operator shall indemnify, defend, and hold harmless City and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) Operator's use or occupancy of the Premises; (b) any breach or default by Operator under this Agreement; (c) any negligent or willful act or RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 15 OPERATOR omission of Operator or its employees, agents, contractors, or invitees; or (d) any injury to person or property occurring on the Premises, except to the extent caused by City's negligence or willful misconduct. Operator shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 11. ALTERATIONS AND IMPROVEMENTS 11.1 Operator's Right to Make Alterations Operator may make non-structural alterations, additions, or improvements to the Premises with City's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Any alterations, additions, or improvements with a cost exceeding Seventy-Five Thousand ($75,000.00) shall require City's prior written approval of the plans and specifications. 11.2 Ownership of Improvements All alterations, additions, and improvements made by Operator shall become the property of City upon termination of this Agreement, unless City requires Operator to remove them as provided in Section 11.3. 11.3 Removal of Improvements Upon termination of this Agreement, City may require Operator to remove any alterations, additions, or improvements made by Operator and to restore the Premises to their original condition, reasonable wear and tear excepted. City shall notify Operator of any such requirement at least thirty (30) days prior to the termination date. 11.4 Trade Fixtures Operator may install trade fixtures, equipment, and personal property on the Premises, which shall remain Operator's property and may be removed by Operator at any time, provided that Operator repairs any damage caused by such removal. 12. ASSIGNMENT AND SUBLETTING 12.1 Prohibition on Assignment and Subletting Operator shall not assign this Agreement, sublet all or any part of the Premises, or permit any other person or entity to use or occupy all or any part of the Premises, without City's prior written consent, which may be withheld in City's sole discretion. 12.2 Change of Control RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 16 OPERATOR Any change in the ownership or control of Operator that results in a change in the majority ownership or control of Operator shall be deemed an assignment requiring City's consent under Section 12.1. 12.3 No Release of Operator No assignment or subletting, even with City's consent, shall release Operator from its obligations under this Agreement. 13. DEFAULT AND REMEDIES 13.1 Operator's Default Each of the following shall constitute a default by Operator under this Agreement: a) Failure to pay any Base Rent, Revenue Share, or other sum due under this Agreement within five (5) days after the due date; b) Failure to perform or observe any other covenant, term, or condition of this Agreement, which failure continues for fifteen (15) days after written notice from City (or such longer period as may be reasonably necessary if the failure cannot be cured within fifteen (15) days, provided that Operator commences the cure within the fifteen-day period and diligently pursues it to completion); c) Abandonment or vacation of the Premises for more than fifteen (15) consecutive days, without City's approval; d) Filing of a petition for bankruptcy, insolvency, or reorganization by or against Operator (unless, in the case of a petition filed against Operator, it is dismissed within sixty (60) days); e) Appointment of a receiver or trustee for all or substantially all of Operator's assets; or f) Making an assignment for the benefit of creditors. 13.2 City's Remedies Upon the occurrence of any default by Operator, City may exercise any one or more of the following remedies without limiting any other right or remedy available to City at law or in equity: a) Terminate this Agreement by written notice to Operator, in which case Operator shall immediately surrender the Premises to City; b) Enter upon and take possession of the Premises without terminating this Agreement and without being liable for prosecution or any claim for damages; c) Collect rent from any sublessee and apply it to the amounts due from Operator; d) Perform any obligation of Operator under this Agreement and charge the cost thereof to Operator, plus interest at the rate of Five Percent (5%) per annum from the date of payment by City; or e) Pursue any other remedy available at law or in equity. 13.3 City's Default RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 17 OPERATOR City shall be in default under this Agreement if City fails to perform or observe any covenant, term, or condition of this Agreement, which failure continues for thirty (30) days after written notice from Operator(or such longer period as may be reasonably necessary if the failure cannot be cured within thirty (30) days, provided that City commences the cure within the thirty-day period and diligently pursues it to completion). 13.4 Operator's Remedies Upon the occurrence of any default by City, Operator may exercise any one or more of the following remedies, without limiting any other right or remedy available to Operator at law or in equity: a) Terminate this Agreement by written notice to City; or b) Pursue any other remedy available at law or in equity. 13.5 Mitigation of Damages Both Parties shall use reasonable efforts to mitigate their damages in the event of a default by the other Party. 14. SURRENDER OF PREMISES 14.1 Condition of Premises Upon the expiration or earlier termination of this Agreement, Operator shall surrender the Premises to City in good condition and repair, reasonable wear and tear excepted, and shall remove all of Operator's personal property, trade fixtures, and equipment. 14.2 Holdover If Operator remains in possession of the Premises after the expiration or earlier termination of this Agreement without City's consent, Operator shall be deemed a tenant at sufferance and shall pay rent at the rate of One Hundred Fifty (150%) of the sum of the Base Rent and the average monthly Revenue Share for the preceding twelve (12) months. Such holdover shall not constitute a renewal or extension of this Agreement. 15. NOTICES All notices, demands, requests, or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 RFP No 25-031R-TENNIS 8.PICKLEBALL CENTER SERVICES 18 OPERATOR Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 With a copy to: City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If to Operator: FM Tennis LLC 3600 S Congress Ave STE K Boynton Beach, FL 33426 Attention: Brandon Flanagan, brandonfm-tennis.com, 518-429-9323 With a copy to: Neil Schiller Government Law Group 137 NW First Avenue Delray Beach, Florida 33444 Either Party may change its address for notices by written notice to the other Party. 16. REPORTING AND COMPLIANCE 16.1 Monthly Reports Within fifteen (15) days after the end of each calendar month, Operator shall provide the City with a written report detailing: a) Gross Receipts and Gross Revenues for the month, itemized by category; b) Number of court reservations and usage rates; c) Number of lessons and clinics provided; d) Membership statistics, including new and terminated memberships; and e) Any other information reasonably requested by the City. This report shall be signed by the Operator, certifying the accuracy of such gross receipts and gross revenues. Any percentage fees or charges due shall be payable upon submission of the report. 16.2 Annual Reports Within ninety (90) days after the end of each calendar year, Operator shall, at its own expense, provide the City with an annual report containing: a) Annual financial statements for the Center's operations, including income statement and balance sheet audited by the Certified Public Accountant; b) Comparison of actual results to projected results; RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 19 OPERATOR c) Summary of capital improvements made during the year; d) Major maintenance and repair activities undertaken during the year; e) Staffing levels and changes; f) Marketing and promotional activities conducted; g) Community programs and events hosted; and h) Goals and objectives for the upcoming year. 16.3 Public Records Compliance Operator acknowledges that this Agreement and all documents related to it are subject to Florida's Public Records Law, Chapter 119, Florida Statutes. Operator shall: a) Keep and maintain public records required by the City to perform the services under this Agreement; b) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of the Agreement if Operator does not transfer the records to the City; and d) Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Operator or keep and maintain public records required by the City to perform the service. If Operator transfers all public records to the City upon completion of the Agreement, Operator shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Operator keeps and maintains public records upon completion of the Agreement, Operator shall meet all applicable requirements for retaining public records. IF OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OPERATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE: 100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435, 561- 742-6060, CITYCLERK(a�BBFL.US. Trade Secret Protection. The Parties acknowledge that certain documents provided by Operator to the City may constitute trade secrets under Chapter 688 and Section 812.081(1)(f) of Florida Statutes and may be exempt from disclosure under Florida's public records laws. At the time this Agreement is executed, Operator has designated the Center's annual financial statements (including income statements and balance sheets) as Trade Secret Materials and has completed the Trade Secret Declaration attached as Exhibit "D." If Operator later identifies additional documents as trade secrets during the Agreement term, Operator must execute and file a new Trade Secret Declaration for those materials. If a third party requests records that Operator has designated as Trade RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 20 OPERATOR Secret Materials, the City will not disclose these materials unless ordered to do so by a court of competent jurisdiction or given written authorization by Operator. Operator agrees to indemnify and defend the City and its employees and agents against any claims, lawsuits, losses, fines, penalties, damages,judgments, and liabilities (including attorneys' fees, litigation expenses, and court costs) that arise from the City's refusal to disclose Trade Secret Materials in response to third-party records requests. 16.4 E-Verify Compliance Operator shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than Twenty (20) calendar days after the termination date. If this Agreement is terminated for a violation of the statute by the Operator, Operator may not be awarded a public contract for a period of one (1) year after the date of termination. 16.5 No Contingent Fees Operator warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Operator, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 16.6 Conflict of Interest Operator 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 the services required under this Agreement. Operator further represents that no person having any such interest shall be employed by Operator during the Term. Operator shall promptly notify the City in writing of any potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence Operator's judgment or the quality of services being provided hereunder. 16.7 Non-Discrimination Operator shall not discriminate against any person in its operations, activities, or delivery of services under this Agreement. Operator shall affirmatively comply with all applicable provisions of federal, state, and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, color, religion, sex, RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 21 OPERATOR age, national origin, marital status, disability, sexual orientation, gender identity or expression, or any other characteristic protected by law. 16.8 Compliance with Employment and Labor Laws Operator shall comply with all applicable federal, state, and local employment and labor laws, including but not limited to: a) Fair Labor Standards Act; b) Equal Pay Act; c) Civil Rights Act of 1964; d) Americans with Disabilities Act; e) Age Discrimination in Employment Act; f) Family and Medical Leave Act; and g) Florida Civil Rights Act. 16.9 Scrutinized Companies By executing this Agreement, Operator certifies that Operator is not participating in a boycott of Israel. The Operator further certifies that Operator is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Operator been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Operator of the City's determination concerning the false certification. The Operator shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Operator shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Operator does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16.10 Anti-Human Trafficking On or before the effective date of this Agreement, Operator shall provide City with an affidavit attesting that the Operator does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 16.11 Countries of Concern The Operator represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 22 OPERATOR 16.12 Public Entity Crime Act Operator represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Operator further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Operator has been placed on the convicted vendor list. 16.13 Entities of Foreign Concern The provisions of this section apply only if Operator or any subcontractor will have access to an individual's personal identifying information under this Agreement. Operator represents and certifies: (i) Operator is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date, Operator and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 17. ADDITIONAL PROVISIONS 17.1 Competitive Bidding Acknowledgment Operator acknowledges that this Agreement has been awarded in compliance with applicable procurement laws and the City's procurement ordinances and policies. The City represents that all required competitive bidding or other procurement procedures have been properly followed in connection with the award of this Agreement. 17.3 Compliance with Section 255.05, Florida Statutes For any improvements or construction work exceeding Two Hundred Thousand Dollars ($200,000.00), Operator shall comply with the public construction bond requirements of Section 255.05, Florida Statutes. 17.4 Compliance with Section 287.0582, Florida Statutes The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the City Commission. 17.5 Local Business Preference RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 23 OPERATOR Operator shall, to the extent permitted by applicable law, utilize local businesses, contractors, and suppliers in the performance of its obligations under this Agreement. 18. MISCELLANEOUS LEGAL PROVISIONS 18.1 Venue and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 18.2 Waiver of Jury Trial THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 18.3 Sovereign Immunity Nothing contained in this Agreement shall be construed or interpreted as: (1) denying to either Party any remedy or defense available to such Party under the laws of the State of Florida; (2) the consent of the City or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the City beyond the waiver provided in Section 768.28, Florida Statutes. The City expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of the City's sovereign immunity or the City's limits of liability as set forth in Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 18.4 Severability If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18.5 No Third-Party Beneficiaries RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 24 OPERATOR Except as expressly provided herein, nothing in this Agreement is intended to benefit any third party, nor shall any term, provision, covenant, or condition of this Agreement be construed to create any rights in any person or entity not a party to this Agreement. 18.6 Entire Agreement The Agreement between the City and the Operator with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the Parties' mutual agreement set forth in writing and signed by the Parties. 18.7 Materiality and Waiver of Breach Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 18.8 Force Majeure Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, or other similar causes. The Party affected by such force majeure event shall notify the other Party within a reasonable time of the commencement and termination of the force majeure event. The time for performance shall be extended for a period equal to the duration of the force majeure event, provided that if such period exceeds ninety (90) consecutive days, either Party may terminate this Agreement upon written notice to the other Party. 18.9 Counterparts This Agreement may be executed in any number of counterparts, whether signed physically or electronically, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this Agreement to form one document. 18.10 Time of Essence Time is of the essence in the performance of all obligations under this Agreement. RFP No.25-031R-TENNIS&PICKLEBALL CENTER SERVICES 25 OPERATOR 18.11 Survival Any provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive such expiration or termination and shall remain in effect until all obligations are satisfied. 18.12 Amendments No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 18.13 Headings The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 18.14 No Construction Against Drafter The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 18.15 No Lien The Operator shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Operator. 18.16 Independent Contractor The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Operator is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. Operator shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 18.17 Attorney's Fees If either Party sues to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 18.18 Representation of Authority RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 26 OPERATOR Operator represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Operator and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Operator has with any third party or violates applicable law. Operator further represents and warrants that execution of this Agreement is within Operator's legal powers, and each individual executing this Agreement on behalf of Operator is duly authorized by all necessary and appropriate action to do so on behalf of Operator and does so with full legal authority. 18.19 Regulatory Capacity Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to City as a Party to this Agreement. 18.20 Limitation of Liability Notwithstanding any provision of the Agreement to which it is applicable, in no event shall City be liable to Operator for punitive or exemplary damages, lost profits, or consequential damages. (Signatures on following page) RFP No.25-031R-TENNIS 8 PICKLEBALL CENTER SERVICES 27 OPERATOR IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA OPERATOR 7' Rebecca Shelton, Mayor (Signature) Brandon Flanagan Print Name of Authorized Official Managing Partner Approved as to Form: Title Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Attest- • A uthenticated: (Signature), Witness it Maylee tus, City C17( Print Name f B9 o''T - oCORP , •o2 ,�• • j •Sr oL �� :,••,1920 1 ?. 1�`� OR.;fA•• ( 1..:„.,.,, „,, .. City of Boynton Beach Procurement Division Exhibit "A" Facility or Principal Place of Business The Facility or Principal Place of Business of the Contractor/Operator/Lessee (as applicable) shall be located at: 3111 S Congress Ave, Boynton Beach, FL 33426 This address shall serve as the official and primary location for the Operator to conduct business under this agreement. { illk T • ' !�•t . 0 21 d n FM Tenni Al •M 04,...... ' ' Tf'r1 n if C (`P n cz r , 'jam=s i 1 r • ! .� fes`-. 1 1 SA4y. I• . Barrier � ' N �► 1 Free, yy a i,„ " Accessible pant '� ` ��� �• 1with Flap svuctwes. . . r*Ic' Mit,lb .011A . 0 it . ��1 , . Pre-Lease Walk-Through Checklist(Exhibit"B") Property:_City of Boynton Beach Tennis and Pickleball center Date of Walk-Through: 9/12/2025 Conducted by: • Operator Representative:_Brandon Flanagan • City Representative: Cody Bonanno Item/Location Condition Deficiency Responsible Notes/Follow- Party Up Action Pro Shop Door Repaired and None City Door working functioning well-thank you properly for completing this repair. Water Fountain Base is broken Yes City Likely damaged (Between Courts by cherry picker 2 &3) during light install; needs repair. Irrigation System Four new valves No Operator Submit invoice and timer for City approval. installed Concrete Bench Removed Yes City Broken outdoor furniture removed. Outdoor Pending — Vendor Furniture replacement Concrete Trash Broken or don't Yes City Repair/replace; Can Lids close water collecting in trash bags. Fencing(Courts Damaged Yes City Previously noted; 1 &5) confirm repair before lease start. Keys-Glass Missing Yes City/Operator If keys Display Cases unavailable, operator may call locksmith with City approval. Summary of Immediate Safety or Operational Concerns: • Broken water fountain base- Potential tripping hazard. • Broken fencing(Courts 1 &5) - Player safety issue. • Trash can lids collecting water-Sanitation issue. Task Responsible Party Due Date Status Repair/replace water City 0 Pending fountain base Review/approve City 0 Pending irrigation invoice Confirm outdoor Vendor ❑ Pending furniture replacement ❑Complete Repair trash can lids City 0 Pending Repair fencing on City 0 Pending courts 1 &5 Resolve missing City 0 Pending 0 display case keys Complete EXHIBIT C OPERATOR'S SERVICES AND PROGRAMMING SCOPE 1. General Operations The Operator shall manage and operate the City-owned Tennis and Pickleball Center ("Center") located at 3111 South Congress Avenue, Boynton Beach, FL 33426, in a manner that promotes public recreation, community engagement, and financial sustainability. Duties include, but are not limited to the following: • Oversee day-to-day operations of the tennis and pickleball facilities, including court scheduling, reservations, and customer service. • Maintain a visible on-site Operations Manager during all operating hours. • Provide courteous, professional, and efficient service to patrons. • Ensure that all facilities remain open and accessible to the public for a minimum of 70 hours per week. • Maintain signage,windscreens, seating, shade structures, and other amenities in clean, safe, and attractive conditions. 2. Programs and Services Operator shall develop, coordinate, and deliver programs designed to serve players of all ages and abilities, including: • Private and group tennis and pickleball lessons and clinics. • Junior development programs,youth after-school sessions, and summer camps. • Adult leagues, ladders, and social round-robins. • Special events and tournaments are sanctioned by governing bodies. • Corporate, community, and charity events in partnership with local organizations. • At least four(4) free or reduced-cost community events annually. 3. Community Outreach and Partnerships • Collaborate with local schools, community centers, and senior programs to encourage participation. • Offer discounted or scholarship opportunities to qualifying residents when feasible. • Coordinate with the City's Recreation & Parks Department on marketing community events. • Participate in City-sponsored recreation initiatives and promotional activities. 4. Facility Maintenance Operator shall perform all regular maintenance responsibilities listed in Section 6.1 of the Agreement, including: • Daily grooming and upkeep of courts, nets, windscreens, and seating areas. • Janitorial service restrooms, and pro shop. • Minor repairs, pest control, and trash removal. • Coordination with the City for capital projects and major system repairs. 5. Staffing and Training • Employ qualified professional staff certified by recognized organizations such as United States Professional Tennis Association (USPTA) or Professional Pickleball Association (PPA). • Ensure all employees pass required background screenings per Section 5.12. • Maintain appropriate uniforms and identification for all staff. • Provide customer service and safety training to all employees and contractors. 6. Marketing and Promotion • Maintain and regularly update a facility website and social media presence. • Publicize events, programs, and promotions in coordination with the City's Communications Department. • Display City of Boynton Beach branding on all marketing materials. 7. Reporting and Compliance • Submit monthly and annual reports as required under Section 16 of the Agreement. • Maintain complete operational and financial records available for City inspection. • Comply with all applicable federal, state, and local laws, permits, and safety standards. 8. Capital Improvements Operator shall complete the required $250,000 capital investment within the first five (5) years of the Initial Term, including(but not limited to): • Interior fencing and repainting of pickleball courts. • Conversion of Court 17 into four(4) pickleball courts with bleacher seating. • Installation of City-branded windscreens, outdoor furniture, awnings, and Pro Shop enhancements. 9. Performance Standards Operator shall: • Maintain facilities to a standard comparable to top public tennis and pickleball centers in South Florida. • Ensure at least 85% positive satisfaction ratings in participant surveys annually. • Comply with all financial reporting, rent, and revenue-sharing obligations under Section 3. EXHIBIT D Declaration of Trade Secrets 1s Cit of Boynton Beach Y Y Procurement Division Declaration of Trade Secrets Entity Name: ("Owner") Trade Secret Declaration The Owner listed above represents that the documents listed below("Trade Secret Materials") are trade secrets pursuant to Chapter 688 and Section 812.081(1)(f), Florida Statutes, for which Owner asserts a right to withhold from public disclosure as confidential or otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes): [List documents] 1 Owner affirmatively represents for reliance by the City of Boynton Beach ("City") that the Trade Secret Materials contain one or more of the following used in the operation of Owner's business and provide an advantage or an opportunity to Owner to obtain an advantage over those who do not know or use it (check all that apply): formula _ scientific,technical, financial, or commercial pattern information device or combination of devices _ design, process, procedure, list of suppliers, list of compilation of information customers, business code, or improvement thereof Owner represents and acknowledges: A. The Trade Secret Materials, irrespective of novelty, invention, patentability,the state of the prior art, and the level of skill in the business, art, or field to which the subject matter pertains, are considered to be: 1. secret; 2. of value; 3. for use or in use by the business; and 4. of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it; B. City is not liable for the use or disclosure relating to Trade Secret Materials provided to City unless the material is listed above as Trade Secret Materials, clearly marked as "Trade Secret Materials," and submitted with a copy of this form; and C. In the event a third party submits a request to City for records designated by Owner as Trade Secret Materials, City shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Owner. Owner shall indemnify and defend City and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages,judgments, and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of Trade Secret Materials in response to a records request by a third party. - r),,, City of Boynton Beach C N Procurement Division The undersigned represents and warrants that they are, on the date of execution, duly authorized by all necessary and appropriate action to execute this form on behalf of Owner and does so with full legal \ �I City of Boynton Beach Procurement Division authority. Under penalties of perjury, the undersigned declares that they have read the foregoing Declaration of Trade Secrets and that the facts stated in it are true. Signed: Title: Printed Name: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by , who is personally known to me or who has produced as identification and who did (did not)take an oath. NOTARY PUBLIC: Signature: Print Name: State of Florida at Large (Seal) My commission expires: EXHIBIT 1 RFP No. 25-031 R - TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) REQUEST FOR PROPOSALS (RFP) RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) PUBLISH DATE: ALL QUESTIONS DUE: March 24, 2025 March 31, 2025 by 5:00 PM NON-MANDATORY PRE- PROPOSAL CLOSING PROPOSAL CONFERENCE: CEREMONY AND DUE DATE: April 8, 2025 at 10:00 AM April 24, 2025 at 3:00 PM Location: CITY OF BOYNTON BEACH Where to Deliver Proposal ROOM 115 Bovnton-beach.bidsandtenders.net 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 bids&tenders Online Submission Only Advertisement Date: March 24, 2025 Procurement Representative: Andrew Rozwadowski — RozwadowskiA a@bbfl.us g\,(n City of Boynton Beach Purchasing Division RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) REQUEST FOR PROPOSALS TABLE OF CONTENTS ADVERTISEMENT NOTICE TO PROPOSERS 1 SECTION I—INSTRUCTION TO PROPOSERS—SUBMISSION REQUIREMENTS 1 PURCHASING DIVISION 1 1.0 DEFINITIONS 1 "Addenda" 1 "Agreement" 1 "City"or"Owner" 1 "Contract Administrator" 1 "Contract Documents" 1 "Operator" 1 "Contract Administrator" 1 "Defective" 1 Effective Date of the Agreement 1 "Evaluation/Selection Committee" 1 "Interested parties" 1 "Notice to Proceed" 1 "Online e-procurement system"or"e-procurement system" 1 "Procurement Services" 1 "Proposer/Offeror/Responder" 1 "Request for Proposals(RFP)" 1 "Sub-Operator" 1 "Responsible Proposer" 1 "Responsive Proposer" 1 "Written Amendment" 2 "Unit Price or Hourly Wage Work" 2 "Project,Services,or Program" 2 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY 2 1.2 PROCUREMENT DEFINITION FOR SOLICITATION 2 1.3 ONLINE E-PROCUREMENT SYSTEM—(bids&tenders) 2 1.4 EXAMINATION OF CONTRACT DOCUMENTS 3 1.5 ELIGIBILITY OF PROPOSER 3 1.6 QUALIFICATIONS OF PROPOSERS 3 1.7 PRE-PROPOSAL CONFERENCE 3 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION 3 1.9 MISTAKES WITHIN RFP 4 1.10 SUBMISSION OF THE PROPOSAL 4 1.11 SOLICITATION FORMS 5 1.12 EXECUTION OF SOLICITATION DOCUMENTS 5 1.13 CAUSES FOR REJECTION 5 1.14 REJECTION OF PROPOSALS 5 1.15 WITHDRAWAL OF PROPOSALS 5 1.16 NO SUBMITTAL 5 City of Boynton Beach Purchasing Division 1.17 SOLICITATION DEADLINE 5 1.18 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS(RFP) 5 1.19 PROTEST PROCEDURE 6 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY 6 1.21 DISQUALIFICATION OF PROPOSER 6 1.22 INFORMATION AND DESCRIPTIVE LITERATURE 7 1.23 INTERPRETATIONS 7 1.24 CERTIFICATIONS,LICENSE,AND PERMITS 7 1.25 SUB-CONSULTING 7 1.26 ESCALATOR CLAUSE 8 1.27 EXCEPTIONS BY PROPOSER 8 1.28 TRADE SECRET 8 1.29 ANTI-KICKBACK AFFIDAVIT 8 1.30 CONFLICT OF INTEREST/GIFT POLICY 8 1.31 GIFT POLICY 9 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS 9 1.33 LOCAL BUSINESS PREFERENCE 9 1.34 AWARD OF AGREEMENT' 10 1.35 SIGNING OF AGREEMENT: 10 SECTION II-SCOPE OF WORK(SERVICES)-TERM CONTRACT 11 2.1 BACKGROUND 11 2.2 SCOPE OF SERVICES 11 2.3 VISION 11 2.4 PROPOSER'S VISIONARY FIVE-YEAR PLAN 11 2.5 FACILITY MANAGEMENT OPERATIONS 11 2.6 FACILITY UPGRADES 12 2.7 FACILITY USE 12 2.8 SECURITY OF FACILITY 13 2.9 FACILITY BRANDING AND MARKETING PROMOTION 13 2.10 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS 13 2.11 AFFORDABLE MEMBERSHIPS 13 2.12 MINIMUM QUALIFICATIONS OF PROPOSER 13 2.13 EXPECTED TIMELINE BY THE CITY 14 2.14 GENERAL 14 SECTION III-SUBMISSION OF PROPOSALS 15 3.1 GENERAL REQUIREMENTS 15 3.2 CERTIFICATION AND LICENSES 15 3.3 DETAILED PROPOSAL 15 1. Letter of Interest 15 2. Proposers Qualifications 15 3. Qualifications of Proposers Team and availability of specialty resources 16 4. Current and Projected Workload of the Operator(by office local,if applicable) 16 5. References-Past Performance 16 6. Submittal of General Information and Procurement Forms and Documents 16 7. Proposed Revenue Proposal Sheet is a separate document where Proposers will input the proposed revenue share for this contract. 17 SECTION IV-EVALUATION OF PROPOSALS 18 4.1 EVALUATION METHOD AND CRITERIA 18 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA 19 1\I� LT City of Boynton Beach Purchasing Division 4.3 ORDINAL RANKING OPTION 20 4.4 EVALUATION CRITERIA 20 4.5 ADDITIONAL CLARIFICATION 21 4.6 BEST AND FINAL OFFER 21 4.7 SELECTION PROCESS 22 SECTION V-STANDARD GENERAL TERMS AND PROVISIONS 23 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS,CODES AND REGULATIONS: 23 5.2 NON-COLLUSION 23 5.3 LEGAL CONDITIONS 23 5.4 CONFLICT OF INTEREST 23 5.5 ADDITIONAL HOURS QUANTITIES 23 5.6 DISPUTES 23 5.7 LEGAL REQUIREMENTS• 23 5.8 ON PUBLIC ENTITY CRIMES 23 5.9 FEDERAL AND STATE TAX. 24 5.10 PURCHASE ORDER REQUIRED: 24 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: 24 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: 24 5.13 OTHER AGENCIES 24 5.14 VENUE AND GOVERNING LAW: 24 5.15 NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT 24 5.16 INDEPENDENT PROPOSER RELATIONSHIP: 25 5.17 OMISSION OF DETAILS 25 5.18 LOBBYING-CONE OF SILENCE• 25 5.19 LEGAL EXPENSES. 25 5.20 NO THIRD-PARTY BENEFICIARIES: 25 5.21 DIRECT OWNER PURCHASES• 25 5.22 SCRUTINIZED COMPANIES: 25 5.23 DISCRIMINATORY VENDOR LIST 26 5.24 NON-EXCLUSIVE 26 5.25 BUSINESS INFORMATION 26 5.26 AGREEMENT 26 5.27 ENDORSEMENTS 26 5.28 DRUG-FREE WORKPLACE 26 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT 26 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL,POLITICAL,OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING 27 5.31 RIGHTS IN DATA 27 5.32 DOCUMENTATION OF COSTS 27 5.33 PUBLIC RECORDS 27 SECTION VI-SPECIAL PROVISONS-TERM CONTRACT 29 6.1 ASSIGNMENT• 29 6.2 AGREEMENT TERM AND EXTENSION 29 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES 29 6.4 INDEMNIFICATION 29 6.5 TERMINATION 30 A. DEFAULT AND TERMINATION FOR CAUSE: 30 B. TERMINATION FOR CONVENIENCE OF CITY 31 C. REMEDIES. 31 City of Boynton Beach Purchasing Division D. FUNDING OUT 31 6.6 PERFORMANCE OF OPERATOR 31 6.7 INSURANCE REQUIREMENTS 32 6.8 FORCE MAJEURE 32 6.9 INSPECTION AND ACCEPTANCE OF WORK PRODUCED 32 6.10 CONTINGENCY FEE 33 6.11 PERFORMANCE REVIEW EVALUATION. 33 6.12 ANTI-HUMAN TRAFFICKING 33 6.13 VERIFICATION OF EMPLOYMENT ELIGIBILITY-E-VERITY 34 6.14 ENTITIES OF FOREIGN CONCERN 34 6.15 SUCCESSORS AND ASSIGNS 34 6.16 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS 34 SECTION VII-PRICE PROPOSAL FORM 35 SECTION VIII-SAMPLE TERM AGREEMENT-CITY-OWNED TENNIS AND PICKLEBALL CENTER-REVENUE SHARING LEASE AND OPERATING 37 RECITALS 37 1.LEASE OF PROPERTY 38 1.1 Lease Grant 38 1.2 Premises 38 1.3 Condition of Premises 38 1.4 Public Purpose and Benefit 38 2.TERM,RENEWAL,AND TERMINATION 39 2.1 Initial Term 39 2.2 Renewal Options 39 2.3 Term 39 3.RENT AND REVENUE SHARING 40 3.1 Base Rent 40 3.2 Revenue Share 40 3.3 Definition of Gross Revenue 41 3.4 Payment of Revenue Share 41 3.5 Records and Audit Rights 41 3.6 Minimum Annual Guarantee 41 4.SECURITY AND DAMAGE DEPOSITS 42 4.1 Security Deposit 42 4.2 Use and Return of Security Deposit 42 5.USE OF PREMISES;OPERATIONS;BACKGROUND CHECKS 42 5.1 Permitted Use 42 5.2 Hours of Operation 43 5.3 Public Access 43 5.4 Community Programs 43 5.5 Compliance with Laws 43 5.6 Rules and Regulations 44 6.MAINTENANCE AND REPAIRS 47 6.1 Operator's Obligations 47 6.2 City's Obligations 47 6.3 Capital Improvements 47 7.UTILITIES AND SERVICES 48 7.1 Operator's Responsibility 48 7.2 Interruption of Services 48 v:R • City of Boynton Beach "To.° Purchasing Division 8.PAYMENT OF TAXES AND OBLIGATIONS 48 8.1 Real Property and Business Taxes 48 8.2 Sales and Use Taxes 48 8.3 Other Obligations 48 9. INSURANCE 49 9.1 Operator's Insurance 49 9.2 City's Insurance 49 9.3 Policy Requirements 49 9.4 Certificates of Insurance 49 9.5 Waiver of Subrogation 50 9.6 Compliance with Florida Statutes 50 10.INDEMNIFICATION 50 11.ALTERATIONS AND IMPROVEMENTS 50 11.1 Operator's Right to Make Alterations 50 11.2 Ownership of Improvements 51 11.3 Removal of Improvements 51 11.4 Trade Fixtures 51 12.ASSIGNMENT AND SUBLETTING 51 12.1 Prohibition on Assignment and Subletting 51 12.2 Change of Control 51 12.3 No Release of Operator 51 13. DEFAULT AND REMEDIES 51 13.1 Operator's Default 51 13.2 City's Remedies 52 13.3 City's Default 52 13.4 Operator's Remedies 52 13.5 Mitigation of Damages 53 14. SURRENDER OF PREMISES 53 14.1 Condition of Premises 53 14.2 Holdover 53 15.NOTICES 53 16.REPORTING AND COMPLIANCE 54 16.1 Monthly Reports 54 16.2 Annual Reports 54 16.3 Public Records Compliance 54 16.4 E-Verify Compliance 55 16.5 No Contingent Fees 55 16.6 Conflict of Interest 55 16.7 Non-Discrimination 56 16.8 Compliance with Employment and Labor Laws 56 16.9 Scrutinized Companies 56 17.ADDITIONAL PROVISIONS 57 17.1 Competitive Bidding Acknowledgment 57 17.2 Bond Requirements 57 17.3 Compliance with Section 255.05,Florida Statutes 58 17.4 Compliance with Section 287.0582,Florida Statutes 58 17.5 Local Business Preference 58 18.MISCELLANEOUS LEGAL PROVISIONS 58 18.1 Venue and Jurisdiction 58 City of Boynton Beach o Purchasing Division 18.2 Waiver of Jury Trial 58 18.3 Sovereign Immunity 58 18.4 Severability 59 18.5 No Third-Party Beneficiaries 59 18.6 Entire Agreement 59 18.7 Materiality and Waiver of Breach 59 18.8 Force Majeure 59 18.9 Counterparts 60 18.10 Time of Essence 60 18.11 Survival 60 18.12 Amendments 60 18.13 Headings 60 18.14 No Construction Against Drafter 60 18.15 No Lien 60 18.16 Independent Contractor 61 18.17 Attorney's Fees 61 18.18 Representation of Authority 61 O z 0, City of Boynton Beach ",ON 04 c Purchasing Division The City of Boynton Beach Procurement Services Y . 100 E. Ocean Avenue f"�°F. Boynton Beach,FL 33435 ( / P. O. Box 310 m \t Boynton Beach, Florida 33425-0310 Telephone:(561)742-6310 'r°N ADVERTISEMENT NOTICE TO PROPOSERS REQUEST FOR PROPOSALS FOR RFP- TENNIS & PICKLEBALL CENTER RFP No. 25-031R The e- rocurement s stem shall receive Electronic Requests for Proposals (RFPs) up until April . (Local Time): unless specified otherwise and may not be withdrawn within (120) days after such date and time. All RFPs received will be publicly opened and acknowledged of receipt by the City's e- procurement system electronically. The e-procurement system does not permit RFPs received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION. ALL INTERESTED PROPOSERS: To obtain documents online, please visit Bovnton-beach.bidsandtenders.net. Documents are not provided in any other manner. INTRODUCTION AND SCOPE OF REQUESTED SERVICES: The City of Boynton Beach, through its Department of Recreation & Cultural Services, is seeking proposals from qualified and visionary partners to manage and operate a Tennis & Pickleball Recreational Center that will serve as a catalyst for healthy living and active lifestyles within the community. This initiative reflects the City's commitment to enhancing quality of life by providing accessible, inclusive, and world-class recreational opportunities for residents of all ages. The selected partner will enter into a five-year continuous agreement, with the potential for two (2) additional two-year renewals, to deliver comprehensive tennis and pickleball management services. The City welcomes innovative and creative proposals that go beyond traditional operations—ideas that inspire community engagement, stimulate economic growth, and foster new business activity throughout Boynton Beach. As the City advances the development of this premier facility—located at 3111 South Congress Avenue, Boynton Beach, Florida 33426—we envision a vibrant, multi-dimensional destination that not only promotes physical wellness but also becomes a hub of community pride and activity. Revenue opportunities anticipated under this partnership include, but are not limited to: RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator (fd 1 i City of Boynton Beach Purchasing Division • A base facility rental or lease fee • Revenue-sharing through enhanced services and gross monthly sales • Branded merchandise and product promotion • Strategic marketing and sponsorship collaborations • Court fees and equipment rentals • Supply sales This is an exciting opportunity for an experienced operator to bring dynamic programming, operational excellence, and entrepreneurial vision to a facility poised to become a cornerstone of recreation in Boynton Beach. The Proposers must have at least five (5) years' experience directly managing Tennis and Pickleball facilities for cities or governmental entities. PRE-PROPOSAL CONFERENCE: 1 A NON-MANDATORY Pre-Proposal Conference and Site Visit Meeting is scheduled for , at 10:00 AM and will be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Immediately following conference, there will be Site Visits Tour of the Tennis and Pickleball Center. All Operators are encouraged to visit the site of the proposed Project and to become aware of all requirements and be familiar with the scope of the facility and special measurements. That might be required by visiting the facility. Please note that this Pre-Proposal Conference meeting will be recorded, all parties interested in submitting a proposal on this project should attend this Meeting and Site Visits. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed contract, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting proposals, and discuss other relevant issues. Sealed Proposal Packages must be received electronically via the City's encrypted procurement management system, bids&tendersTM on or before the date and time referenced above. Any Proposal received after 3:00 PM on said date will not be accepted under any circumstances.Any uncertainty regarding the time a Proposal Bid is received will be resolved against the Bidder. If any discussions or questions at the pre-proposal meeting require, in the City's opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate. No oral representation or discussion taking place at the pre-proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre-proposal meeting should be submitted in writing through the City's e-procurement system by the deadline for questions. Questions related to this RFP are to be submitted to the Purchasing representative through the e-procurement system only by clicking on the "Submit a Question" button for this specific solicitation. LOBBYING I CONE OF SILENCE: RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator ,tY O 0 = 0 V City of Boynton Beach ° Purchasing Division Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Operator or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Division Director or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract that violates the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre- proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071, sealed Proposal responses received by the City in response to a Request for Proposal are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Proposal response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Proposals or replies. CITY OF BOYNTON BEACH RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator V�O IJ' s \ _ p U City of Boynton Beach Purchasing Division RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION I - INSTRUCTION TO PROPOSERS - SUBMISSION REQUIREMENTS Procurement Definition: Request for Proposal (RFP) is a procurement method where the City requests proposals to complete a project or enter a term contract. This procurement methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Proposer's qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City's needs. Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section IV— Evaluation of Proposals. PURCHASING DIVISION Our Purpose: The City of Boynton Beach's Community Impact: Our local, state, and Purchasing Division is dedicated to fostering nationwide vendors are essential partners in our equitable and fair competition in our purpose and mission. We are dedicated to solicitations through a transparent collaborating with qualified, competitive vendors procurement process.We actively collaborate who share our commitment to quality, efficiency, with local vendors to ensure that every teamwork, and exceptional customer service. participant has an equal opportunity to secure A Message to our Vendors: government contracts. Our commitment to fairness and transparency is unwavering. Your work as a vendor is not just about delivering Our Mission Statement: We are unwavering in products and services. It's about enhancing the our commitment to promoting integrity, overall value of our services to our residents. We transparency, and fairness in every step of the expect high-quality products and efficient procurement process. This dedication is the services, delivered on time and as specified, to cornerstone of our mission. make a real difference in our community. Additionally, we anticipate that our vendors will We strive to maximize value for our community by collaborate with us as a team and maintain the fostering competitive opportunities for local highest standards of integrity in all interactions businesses, ensuring compliance with with the city's offices and departments. These are regulations, and delivering exceptional service to expectations and standards we hold all our our stakeholders. Through collaboration, vendors to. planning, and innovation, we aim to support the Diligence in fulfilling the requirements of this city's goals while enhancing the economic vitality solicitation will significantly enhance the overall of our region. quality of services delivered to our community. Key Goals: As guardians of the public trust, our The City seeks a firm that embodies these Purchasing Division is deeply committed to its principles in its work, and the successful purpose and mission. Upholding the values of candidates will be evaluated against the vision, integrity, efficiency, and quality service, we performance standards detailed in this strive to fulfill our commitments with unwavering solicitation. dedication. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator B 2 O City of Boynton Beach ° Purchasing Division 1.0 DEFINITIONS Whenever the following terms appear in the RFP or Proposal, the intent and meaning shall be interpreted as follows: "Addenda" and delivered by the last of the two parties to sign Written or graphic instruments issued before and deliver. opening solicitations that clarify, correct, or change "Evaluation/Selection Committee" the solicitation requirements or the contract City Staff and/or outside Operator or subject matter document. experts who are assigned to evaluate the submitted "Agreement" proposals. The written agreement between the City and the "Interested parties" Operator covering the scope of work to be Firms or proposers interested in the solicitation and performed, including other Contract Documents plan to eventually become proposers. attached to the Agreement and made a part thereof. "Notice to Proceed" The words "Agreement" and "Contract" are used A written notice given by the City to the Operator interchangeably. fixing the date on which the contract time will "City" or"Owner" commence to run and on which the Operator shall The City of Boynton Beach, Florida, a municipal start to perform the Operator's obligations under the corporation of the State of Florida Contract Documents. Such Notice is to be issued "Contract Administrator" by the project Contract Administrator. The Department's Director or some other employee "Online e-procurement system" or "e- expressly designated as Contract Administrator in procurement system" writing by the Director, who is the representative of The City of Boynton Beach's solicitation the City concerning the Contract Documents. management system is"bids&tenders." "Contract Documents" "Procurement Services" The Contract Documents consist of this Agreement, The Procurement Division - Department of Finance conditions of the contract(General, Supplementary, of the City of Boynton Beach. and other Conditions), drawings, specifications of "Proposer/Offeror/Responder" this solicitation, all addenda issued prior to, all Any individual, firm, or corporation submitting a modifications issued after execution of this proposal for this project, acting directly or through a Agreement, Notice of Award, Notice to Proceed, duly authorized representative. For the purpose of Certificate(s) of Insurance, Bonds and any this solicitation, the terms"Offeror,""Proposer,"and additional modifications and supplements, Change "Responder" are used interchangeably and have Orders and Work directive changes issued on or the same meaning. after the effective date of the Contract. These "Request for Proposals (RFP)" Contract Documents form the Agreement, and all A method of procurement permitting discussions are as fully a part of the Agreement if attached to with responsible offerors and revisions to proposals this Agreement or repeated therein. prior to the award of a contract. "Operator" "Sub-Operator" The individual or firm who successfully receives the Any person, firm, entity, or organization, other than award for work to be completed as defined by this the employees of the Operator, who contracts with solicitation. Also referred to as Successful the Operator to furnish labor,or labor and materials, Proposer. in connection with the work or services to the City, "Contract Administrator" whether directly or indirectly, on behalf of the The City's authorized Contract representative. Operator. "Defective" "Responsible Proposer" An adjective which, when modifying the Work, This means a person or firm capable of fully refers to Work that is unsatisfactory, faulty, or performing the requirements in the RFP and deficient, does not conform to the Contract agreement and having the tenacity, perseverance, Documents, or does not meet the requirements of experience, integrity, reliability, capacity, facilities, any inspection, reference standard, test, or equipment, and credit to ensure good faith approval referred to in the Contract Documents. performance. Effective Date of the Agreement "Responsive Proposer" The date indicated in the Agreement on which it This means a Person or firm who has submitted a becomes effective, but if no such date is indicated Proposal that conforms in all material respects to it means the date on which the Agreement is signed the requirements outlined in this RFP. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach "t P°'P Purchasing Division "Written Amendment" "Unit Price or Hourly Wage Work" A written amendment of the Contract Documents, Work to be paid for based on unit prices outlined signed by the City and the Operator on or after the within the RFP. Effective Date of the Agreement and typically "Project. Services, or Program" dealing with non-technical aspects rather than All matters that will be required to be done by the strictly work-related aspects of the Contract Operator in accordance with the Scope of Work, Documents. Terms and Conditions, and Special Provisions of this RFP. The following instructions are given to guide Proposers in adequately preparing their response. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation for Bid (ITB) R= Request for Proposal (RFP) RL = Request for Letter of Interest (LOI) Q = Request for Qualifications (RFQ) RQ = Request for Quote (RFQ) This suffix will determine what type of solicitation the City will be procuring. The City reserves the right to add any additional solicitation types at any time. 1.2 PROCUREMENT DEFINITION FOR SOLICITATION Request for Proposal (RFP) is a procurement method where the City requests proposals to complete a project or enter into a term contract.This procurement methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Proposer's qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City's needs. Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section IV— Evaluation of Proposals. 1.3 ONLINE E-PROCUREMENT SYSTEM—(bids&tenders) A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. B. To obtain documents online, please visit Bovnton-beach.bidsandtenders.net. C. Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. D. Proposers are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. E. For the above reasons, sufficient time is recommended to complete your RFP Submission and resolve any issues that may arise. The online e-procurement system's web clock shall determine the closing time and date. F. Proposers should contact bids&tenders support listed below at least twenty-four(24)hours prior to the closing time and date if they encounter any problems. G. The e-procurement system will send a confirmation email to the Operator advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supportanbidsandtenders.net. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator z O City of Boynton Beach °' ° Purchasing Division 1.4 EXAMINATION OF CONTRACT DOCUMENTS A. Before submitting a Proposal, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if Applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Proposal Documents. B. The Offeror, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.5 ELIGIBILITY OF PROPOSER To be eligible to respond to participate in this RFP, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services similar magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.6 QUALIFICATIONS OF PROPOSERS A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. B. The City is not required to award any jobs to a Proposer, and, if awarded, the Contract "Operator" based solely on their lowest e-submission revenue generating a proposal. C. Awards will be based on past performance and quality of work in addition to the Operator's RFP response. D. If selected for a contract, all Operator must perform to the satisfaction of the City before being considered for award of additional contracts. E. Operator whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 PRE-PROPOSAL CONFERENCE The City will hold a In Person and Virtual, non-mandatory pre-proposal conference for this project. The information regarding such a meeting will be noted on the 1st and 25d page of this document. 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract Documents. Since all addenda are available to Proposers through the City's e- Procurement system Bovnton-beach.bidsandtenders.net, it is the responsibility of each Operator to have received ALL addenda issued. Proposers should check online at Bovnton-beach.bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued. If a Proposer submits their proposal before the solicitation closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator tr o (r I 0 y. U City of Boynton Beach °` Purchasing Division The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Proposer can view this status change in the"MY BIDS"section of the e-procurement system. A. The Proposer is solely responsible for creating any required adjustments to their Proposal, acknowledging the addenda, and ensuring the re-submitted Proposal is RECEIVED by the e-procurement System no later than the stated Proposal closing time and date. B. The Proposer is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. All responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids&tenders. D. No verbal interpretations may be relied upon. E. Failure of any Proposer to receive any such addenda or interpretation shall not relieve any Proposer from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Proposer shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addendum and any applicable attachment. G. It is the Proposer's responsibility to have received all issued addenda. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the solicitation closing time and date in the event additional addenda are issued. H. If any interested parties have received this RFP packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. No negotiations, decisions, or actions shall be initiated by the Proposer because of any discussions with a City employee. J. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from proposers submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. K. Late Submittal Responses are not permitted by the e-procurement system. L. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation from a third party, the responsibility is on the Proposer to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. M. All expenses for making submittal responses to the City are to be borne by the Proposer. 1.9 MISTAKES WITHIN RFP Proposers are cautioned to examine all terms, conditions, specifications, scope of work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Proposer to any relief from the conditions imposed in the Agreement and may lead to the rejection of a proposal. 1.10 SUBMISSION OF THE PROPOSAL A. The City's e-procurement solicitation system shall receive ELECTRONIC SOLICIAITON SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for Proposals for this solicitation shall be received by the City's e- procurement system no later than the time outlined on page #1 of this solicitation. D. Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Proposer to have their Request for Proposals submittal submitted online. E. All proposals shall be submitted in English. F. All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the RFP. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator m = 0 City of Boynton Beach �>o�° Purchasing Division 1.11 SOLICITATION FORMS A. The Proposer will submit a response to the solicitation (RFP) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. B. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. C. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida. D. All proposal submission forms should be executed and submitted for easy identification. Responses not submitted on proposal submission forms may be rejected. E. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 1.12 EXECUTION OF SOLICITATION DOCUMENTS Proposal submissions to this solicitation must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 1.13 CAUSES FOR REJECTION No response will be canvassed, considered, or accepted which, in the opinion of the City's evaluation committee, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposal invalid. 1.14 REJECTION OF PROPOSALS A. The City reserves the right to reject any proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is appropriately qualified to carry out the obligations and to complete the work contemplated. B. Any or all proposals will be rejected if there is reason to believe that collusion exists among proposers. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions, unauthorized alternates, or irregularities of any kind. C. The City reserves the right to reject any or all proposals, waive such technical errors,waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.15 WITHDRAWAL OF PROPOSALS Any Responder may, without prejudice to themself, withdraw its response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same person who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be withdrawn. 1.16 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tenders the e-procurement system. 1.17 SOLICITATION DEADLINE The Proposer is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e-procurement solicitation system does not permit late submission responses. 1.18 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP) The City reserves the right to the following: A. Reject any or all proposals. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator tV OR \ p` City of Boynton Beach `T°N 64. Purchasing Division B. Reject or cancel any or all proposals during the procurement process. C. Reissue the solicitation. D. Extend the RFP deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP). G. Consider and accept an alternate proposal as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RFP procedure. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Proposer(s) representing the most advantageous submission to the City. J. In determining the "most advantageous proposal," price, quantifiable factors, and other factors are considered. Such factors include but are not limited to: a. Statement of Work b. Price Proposal c. Other factors contributing to the overall RFP outlined in SECTION IV — EVALUATION OF PROPOSALS. K. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Proposer's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements with the City or other government entities. 1.19 PROTEST PROCEDURE Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Director, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the submittal price or$5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to a Request for Proposal, must be received before the solicitation submittal deadline date. B. If the protest relates to any other matter relating to the solicitation, including the intent to award of an agreement, the protest must be received no later than THREE (31 regular business days after the date of the intent to award notification of award by a member of the purchasing staff. Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a waiver of proceedings. 1.2o MINIMUM STANDARDS REQUIRED BY THE CITY Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has the following: A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to contract within the State of Florida and the City of Boynton Beach. E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.21 DISQUALIFICATION OF PROPOSER More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between proposers. RFP:25-031R TENNIS 8 PICKLEBALL CENTER SERVICES Operator V Gp City of Boynton Beach "IF; Purchasing Division Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Proposer. B. Not being eligible to submit a proposal due to violations listed under"Public Entity Crimes." C. Not completing all required forms outlined in Section III 3.4 F. 1.22 INFORMATION AND DESCRIPTIVE LITERATURE The Proposer must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Proposer may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products or services offered for proposal evaluation. Reference to literature submitted with a previous submittal or on file with the City will not satisfy this provision. 1.23 INTERPRETATIONS To ensure fair consideration for all Proposers, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Proposer would be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Proposer shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the "Submit a Question" button for this solicitation, no later than ten (10)days prior to the solicitation deadline. 1.24 CERTIFICATIONS, LICENSE, AND PERMITS A. Unless otherwise directed by the City, the Proposer would provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Proposer. B. If applicable, the Proposer shall also maintain a current Local Business Tax Receipt (Occupational License)for the County and all permits required to complete the contractual service at no additional cost to the City. C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Proposer to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. D. It is the responsibility of the Proposer to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the Agreement, inclusive of any renewals. E. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. F. Failure to meet this requirement shall be considered a default of the Agreement. 1.25 SUB-CONSULTING A. If a Proposer utilizes sub-Proposer for any portion of the Agreement for any reason, the Proposer will state the name and address of the sub-Proposer and the name of the person to be contacted on the online form within the e-procurement system under "Schedule of Sub-Proposer." B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-Proposer is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. C. The City also reserves the right to reject a submission of any Proposer if the solicitation names a sub-Proposer who has previously failed to perform an award properly or failed to deliver on-time contracts of a similar nature or who cannot perform correctly under this award. D . The City reserves the right to inspect all facilities of any sub-Proposer to determine the foregoing. E. The sub-Proposer will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP). RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator Y p� s J City of Boynton Beach "'per Purchasing Division F. Proposers are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.26 ESCALATOR CLAUSE Any proposal that is submitted subject to an escalator clause will be rejected. 1.27 EXCEPTIONS BY PROPOSER A. Incorporation in a proposal of exceptions to any portion(s)of the Contract Documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS."which shall be attached to the proposal. B. Any exceptions taken to the terms and conditions of the solicitation or the City's Agreement shall be considered a part of the Proposer's solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions does not denote acceptance by the City. Furthermore,taking exceptions to the City's terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a Proposer's submittal. C. The use of the Proposer's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract Documents. 1.28 TRADE SECRET Any language contained in the Proposer's proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City's opinion, a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City that the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt.The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07.The City shall be the final arbiter of whether any information contained in the Proposer's proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 1.29 ANTI-KICKBACK AFFIDAVIT Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 1.30 CONFLICT OF INTEREST I GIFT POLICY The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All Proposers shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%)or more in the Proposer's firm or any of its branches. A. CONFLICT OF INTEREST: RFP:25-031R TENNIS 8 PICKLEBALL CENTER SERVICES Operator m = O V City of Boynton Beach ° Purchasing Division No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee,officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Proposer considered for a City contract. In addition, the Proposer shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation. Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the proposer. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Proposer shall not have activities or relationships (a) causing the Proposer to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Proposer's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.31 GIFT POLICY No Proposer who is a party to, or receives a benefit from, this Agreement shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee,or agent of the City shall solicit or accept a gratuity,favor,or anything of monetary value from a Proposer who is a party to, or receives a benefit from, this Agreement. 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.33 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications, or Requests for Letters of Interest, the solicitation shall include a criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. Local Preference shall not be applied when its application would result in an award that exceeds the otherwise lowest responsive, responsible Proposer by 5% or$5,000 whichever is lower. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification, or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Purchasing Division, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." Respondents must include the Local Business Status Certification Form with their RFP submissions to be considered for a local business preference. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator Nr,eCity of Boynton Beach Purchasing Division proposal will be awarded the total 5 points allotted by each evaluation committee member. Firms not meeting the Preference requirements will receive zero points in this evaluation criterion. 1.34 AWARD OF AGREEMENT: A. Agreement(s) or purchase order(s) will be awarded by the City to the most qualified, responsive, responsible Proposer whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered. B. Proposals will be evaluated based on the evaluation factors and standards set forth herein. The City reserves the right to reject all proposals and waive technical errors as set forth herein. C. In the event of a court challenge to an award by any Proposer, damages, if any, resulting from an award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. Each party shall be responsible for its own attorney's fees and costs. D. In no case will the award be made until all necessary investigations have been made into the Proposer's responsibility and the City is satisfied that the most qualified, responsive, responsible Proposer is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.35 SIGNING OF AGREEMENT: An Award Letter will be presented to the Proposer. Within ten (10) calendar days after the award letter is issued, the Proposer should sign and deliver the Agreement to the City with the required bonds (if applicable)and insurance certificates. After receiving and approving such documents, the Agreement would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Agreement to the Proposer. At times, a purchase order will be issued in lieu of a formal agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator �y. City of Boynton Beach � PurchasingDivision C ty oy RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION II - SCOPE OF WORK (SERVICES) - TERM CONTRACT 2.1 BACKGROUND The City of Boynton Beach (Owner)Tennis and Pickleball Center is located at 3111 South Congress Avenue, Boynton Beach, FL 33426. This Public Tennis and Pickleball Center has been a part of the community of Boynton Beach for FIVE YEARS (5) WITH TWO- TWO(2)YEAR RENEWALS.The facility currently has 21-courts in the Southwest section of Boynton Beach that features 17 courts, two hard courts, and six pickleball courts, for residents to use and enjoy for professional training and instruction, recreational and leisure activities. The Tennis and Pickleball Center is adjacent to Barrier Free Park, which residents have easy access to use from the park location. There is 1,596 square foot building on the property that is used by members and non-members for complete services for tennis and pickleball, to check in before play and have access to public restrooms and other services. 2.2 SCOPE OF SERVICES The City of Boynton Beach seeks the services of a professional firm to manage the Tennis and Pickleball Center operations to include the following: staff supervision, professional instruction, classes, rental fees, revenue sharing opportunities, sales of products, promotions, branding,food, and concessions. The Operator must maintain the cleanliness and supply restrooms and pro shop. This may also include the maintenance of the grounds. The successful Operator must have at minimum five (5) years' experience directly managing Tennis and Pickleball facilities for cities or governmental entities. 2.3 VISION The Vision for the Tennis and Pickleball Center is to have a world class facility that the residents of the City of Boynton Beach will enjoy and have direct access to and offers a tourist destination to watch, train and compete at the highest level of competition for tennis and pickleball events. 2.4 PROPOSER'S VISIONARY FIVE-YEAR PLAN Proposer must provide a five-year visionary plan showing the path of where their leadership as a management firm can take the City of Boynton Beach in the next five years. The Operator must show the following as to their commitment to the following areas for the Tennis and Pickleballs Center: All phases from start-up initial investment with Facility upgrades, show projections for year (1) one through year (5) five, including the following: project of staffing needs, services being provided, revenue sharing opportunities, maintenance cost, security, marketing and branding promotional items, and any innovative plans the firms has to set them apart as management firm. The Operator management company should provide an anticipated list of accomplishments for this five- year contract period. 2.5 FACILITY MANAGEMENT OPERATIONS The City is seeking a world-class Operator to manage the Tennis and Pickleball Center's daily operations for 365 days per year from 5:00am to 10:00pm or a time schedule as RFP:25-031 R TENNIS 8 PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division approved by the City. The City will enter into a contract with an Operator to manage Tennis and Pickleball Center for the current lease period of five years. The City is not responsible for upgrading, repairing, fixing, or maintaining any parts of the facility, equipment, or services during the lease rental period. It's the Operator's role and responsibility to pay at its own expense for any upgrades, repairs, fixtures, maintenance, and damages during the lease period. The ideal Operator will have extensive expertise for tennis and pickleball facility management, teaching instructions, training, event management, and promotion to host the City events on an as-needed basis throughout the year and to maintain Adult and Youth membership programs. The Current Tennis and pickleball Center operates year-round to meet the needs of its residents. The City is seeking an operator for tennis and pickleball operations, including staffing, daily court use and scheduling, professional instructional and programming, and daily court maintenance. The Operator must always be a member in good standing with the United States Tennis Association (USIA). The Operator is expected to develop and organize at a minimum of two leagues tournaments per year, socials and member relations, junior camps for all age groups, including summer and winter camps. The Operator is asked to optimize visitor participation and new memberships by providing quality facilities management, tennis and pickleball instruction, friendly service, quality merchandise, at a reasonable price, thus providing the highest quality of services possible for the City. The Operator agrees to maintain the Tennis and Pickleball Center in a clean, safe, and sanitary condition always that promotes a healthy and safe environment. 2.6 FACILITY UPGRADES Operator agrees to provide initial investment for facility facial upgrades, which can range from upgrading tennis and pickleball courts to indoor facility remodeling, signage, new furniture amenities for customers, and painting to modernizing the facility's current appearance. The proposed upgrades by Operators will be considered during the Evaluation Criteria Section IV, with the appropriate point scale as listed in the RFP. 2.7 FACILITY USE The Facility can only be used for Tennis and Pickleable operations as outline in this contract. Operator guarantees that the Facility will only be used for tennis and pickleball operations activities. Any other use of this property that's not approved by the City is considered a violation and grounds for immediate termination of the contract. No other use, business and or services can be conduct on the City facility grounds, unless prior written approval has been given by the City. The contract agrees that no one can become a tenant of the property or be allowed to have sleeping quarters overnight at the facility. Operator agrees not to allow the facility to become vacant or unoccupied, which will be a violation and breach of contract. Operator agrees to use the facility only for lawful activities, not as a storage facility of any kind, and abides by all regulatory requirements of the City in reference to noise or detriment. No illegal activities shall be tolerated and shall be grounds for immediate breach and termination of contract. The City reserves the right to inspect and review the property at any time to confirm compliance. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator Y OR, m T 0 U City of Boynton Beach 0`7 Purchasing Division 2.8 SECURITY OF FACILITY The Operator shall create and maintain security measures to protect the facility always. Security policy and procedure must be followed 365 days per year. Any events that threaten personal property, cause life safety issues for residents, or cause health hazards to the general public must be reported immediately to the City as an Incident Report. The Incident Report must include the following information: date and time of the event, .the parties who were involved and a description of what happened and submitted to Craig Clark, Director of Recreation & Cultural Services (clarkc(a�bbfl.us) and or Fabien Desrouleaux, Assistant Director of Recreation & Cultural Services (desrouleauxfebbfl.us). Operator shall keep a running list of all incidents and report on a monthly basis to the City's Recreation & Cultural Services. 2.9 FACILITY BRANDING AND MARKETING PROMOTION Operator must have written approval of all items sold and that will be branded or marketed with City logo symbols. Apparel items used for product promotions, marketable items will include all merchandise that is created for the facility marketing efforts and special events programs that will be held on the facility site, virtual or on the website. Operator agrees to provide a rate percentage of total gross sales of all products, endorsements and merchandize to be paid on a monthly basis to the City as a part of revenue sharing expense. Such items are tennis basket and balls, sale of rackets, shoes, shirts, pants, tennis balls and other items as identified by the Proposer. 2.10 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS The Proposers agrees to work with the City on grant funded projects sponsored by the City for Capital Improvement Projects and to maintain compliance for audits and general record keeping, storage and reporting requirements as stated in the grant applications. The City will establish a shared revenue percentage based upon the Statement of Work and funds that are available by the grant funding source. The Statement of Work will describe what resources and services are needed from the Operator in reference to the Tennis and Pickleball Center operations. 2.11 AFFORDABLE MEMBERSHIPS The Operator agrees that the City through the Mayor and Commission shall set the membership rates. 2.12 MINIMUM QUALIFICATIONS OF PROPOSER Qualifications will only be considered from firms engaged in providing services as described in this RFP and who can provide evidence that they have established a satisfactory performance record in meeting the qualification requirements established in the RFP. Emphasis should be placed on the qualifications and experience of key personnel who will be directly involved in the work. Any sub-operator proposed for collaboration shall be identified. The responder should submit the following information with a statement of qualifications. The City will use this information, along with any other data, to determine whether the responder is qualified to provide the specified service and work. A. Operator must have at least five (5) years of considerable and successful relevant experience in managing tennis and pickleball facilities. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator Y OA B = 0 V City of Boynton Beach "r0N G47 Purchasing Division B. Operator must possess staff members who are certified in CPR and are certified in First Aide training and meet state requirements rations for staff to participants during working hours of operations as well as pass appropriate background and drug tests. C. Operator must possess website, online phone, and in person access registration process to register all City participants. 2.13 EXPECTED TIMELINE BY THE CITY The City would like this project to be completed by (.) The Proposer(s) shall act as an independent Operator and not as an employee of the City. 2.14 GENERAL The Operator(s) shall furnish all tools, materials, equipment, sub-Operator, labor, supervision, necessary to operate the Tennis and Pickleball Center. Operator to maintain and complete the assigned as outlined in the agreed-upon scope of work/services provided within this Request for Proposals. The City reserves the right to negotiate the Agreement's final terms, conditions, and pricing structure as may be in the City's best interest. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION III —SUBMISSION OF PROPOSALS 3.1 GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Operator and the particular staff to be assigned to this engagement. It should also specify an approach that will meet or exceed the RFP requirements. The selected Operator(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Operator will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 3.2 CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates, licensing, or business permits related to the Work specified in the scope of work with their proposals. 3.3 DETAILED PROPOSAL Each of the seven (7) sections listed below shall be completed online through the e- procurement system. ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE 1. Letter of Interest The Letter of Interest shall summarize the Proposer's primary qualifications and a firm commitment to provide the proposed services. 2. Proposer's Qualifications a. Complete and submit the Proposer's Qualification Statement. b. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. c. Describe the Firm and provide a statement of the Firm's qualifications for performing requested consulting services within South Florida. d. Identify the services that your Firm's staff would complete and those provided by sub-Operator, if any. e. Identify any sub-Operator you propose to utilize to supplement your Firm's staff. (Maximum of 4 pages) f. If the Principal place of business is different than the location specified in the Proposer's Qualification Statement, then the Operator shall specify the office location where each project will be managed and produced. g. Business and Marketing Plan Model h. Proposer Outline of Investments, Development, and Future Expansion Revenue Sharing Opportunities j. (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator Y p� s City of Boynton Beach "rp„ Purchasing Division 3. Qualifications of Proposers Team and availability of specialty resources Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services, including: a. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as "key contract members". b. Provide resumes for all key project members outlining the relevant experience and education. 4. Current and Projected Workload of the Operator (by office local, if applicable) a. Provide quantitative data that clearly indicates the ability of the Proposer and if selected Operator to devote the necessary time and resources to successfully complete the service. Current and projected workload data shall be provided for each key prosect member as follows: Current contract listing and remaining labor commitments. ii Historically, describe the typical number of contracts handled by the Proposer's key project managers at any given time. iii Projected workload of project management activities as defined in the scope of services. iv Identify any sub-Operator firms providing significant services that may be assigned more than five (5%) of the work. 5. References — Past Performance - Completed Online Provide a list of three (3) governmental agency references or similar contracts for which the Operator shall completed or is in progress within the past five (5) years with the following information: a. Name of Agency b. Address c. Contact Name, Email Address d. Telephone Number The City is interested in learning about other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City, or their designee will be contacting them for information. Selection Committee Members or designee may email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. 6. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed, signed and notarized when required and submitted. In addition, all other request and supporting documentation should be included. a. Proposers Qualification Statement — Upload Online b. Non-collusion Affidavit of Proposer— Upload Online RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator Y�! . r(_ City of Boynton Beach `��� Purchasing Division c. E-Verify Form Under Section 448.095— Upload Online d. Certification Pursuant to Florida Statute § 287.135 - Upload Online e. Anti-Kickback Affidavit— Upload Online f. Affidavit of Compliance with Foreign Entity Laws - Upload Online g Affidavit of Compliance with Anti-Human Trafficking Laws- Upload Online h. Proposer Acknowledgement— Online Acknowledgement i. Addenda Acknowledgement— Online Acknowledgement j. Confirmation of Minority-Owned Business - Online Form k. Confirmation of Drug-Free Workplace - Online Acknowledgement I. Palm Beach Inspector General - Online Acknowledgement m. Local Business Certification -Supplier Must Present copy of Certification. n. Statement of non-submittal (if applicable) - Online Form o. Schedule of Sub-Operator— Upload listing, if applicable. p. Submit current Florida Professional License(s), including evidence of possession of required licenses—Attach and Upload q. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment. —Attach and Upload r. Copy of Proof of good standing with the United States Tennis Association (USTA). —Attach and Upload s. Submit any Supplemental information relative to this RFP— Attach and Upload 7. Proposed Revenue Proposal Sheet is a separate document where Proposers will input the proposed revenue share for this contract. Completed through bids&tenders THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION IV - EVALUATION OF PROPOSALS 4.1 EVALUATION METHOD AND CRITERIA The City's Purchasing Division Agent or Designee will conduct a preliminary evaluation of each Proposal through the City's electronic e-procurement system, Bovnton- beach.bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation and Selection Committee, herein referred to as "Selection Committee," comprised of City staff and an outside Proposer(s), if deemed necessary. The Selection Committee may utilize the City's e-procurement system to electronically evaluate all submittals based on the information provided and criteria as set forth in this solicitation. The City's Selection Committee will act in what they consider to be the best interest of the City and its residents. Proposed Revenue shall not be the sole determining factor for selection. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive, which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP. The criteria provided below is provided to assist the Proposer in the allocation of their time and efforts during the submission process. These criteria serve as the evaluation framework used by the Evaluation Committee during both the scoring and, if applicable, the shortlisting process. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP:25-031R TENNIS S PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division # I Proposal Evaluation Criteria Points Weight 1. I Technical Experience a. Previous experience managing Tennis and Pickleball 0- 10 10% facilities for Cities or government entities. b. I Approach to Running Daily Operations I 0- 10 10% c. Professional Training Certification and Staff 0- 10 10% Experience 2. Visionary Five-Year Plan a. Initial Investment For Facility Facial Upgrades I 0- 10 10% b. Business Plan Model 0- 10 15% c. Proposer Outline of Investments, Development, and 0- 10 15% Future Expansion 3. Proposed Monthly Lease Price Remitted to the City 25 Points 4. Revenue Sharing Opportunities a. Revenue Activity 1 0- 10 10% b. Revenue Activity 2 0- 10 10% c. Revenue Activity 3 0- 10 10% 5 Local Vendor Preference(5 points): I 0 or 5 5% 6 Presentations-If requested 0- 100 I 25% 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA EVALUATION CRITERIA Each Evaluation Committee Member shall award a rating of 1 to 10 for each category based upon each member's assessment of the Proposer's response to the criteria. The following qualitative guidelines: • 10-Outstanding Response: Highly comprehensive, excellent reply that meets all the requirements of the areas within that category. In addition, the response covers areas not originally addressed within the RFP category and includes additional information and recommendations that would prove both valuable and beneficial to the agency. This response is considered to be an excellent standard, demonstrating the Proposer's authoritative knowledge and understanding of the project. • 9-8 Excellent Response: Provides useful information, while showing experience and knowledge within the category. The proposal is well thought out and addresses all requirements set forth in the RFP. The Proposer provides insight into experience, knowledge and understanding of the subject. • 7-6 Good Response: Meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter. This response demonstrates an above average performance with no apparent deficiencies. RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator crrf7: City of Boynton Beach Purchasing Division • 5-4 Fair Response: Meets the requirements in an adequate manner. This response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth. • 3-1 Inadequate Response: Minimally meets the requirements for the Evaluation Criteria as set forth in the • 0-Failed Response/ No Response (no points awarded): Does not meet the requirements for the Evaluation Criteria set forth in the RFP. LOCAL PREFERENCE • 5- Business is located in the City limits of Boynton Beach • 0 - Business is located outside the City limits of Boynton Beach 4.3 ORDINAL RANKING The Evaluation Committee may decide collectively to exercise the option of Ordinal Ranking, in which evaluators rank proposals from best to least favorable based on overall quality, innovation, and feasibility. If ordinal ranking is used,the following criteria will apply: • The highest-ranked vendor will be recommended for contract award. • The City would negotiate with the top-ranked proposer(s)to finalize contract details before presenting the final contract to the City Commission for approval. 4.4 EVALUATION CRITERIA a. Compliance with Request for Proposals Requirements (Responsivenessi [Mandatory]. - This refers to the adherence to all conditions and requirements of the Request for Proposals. b. Technical Experience managing Tennis and Pickleball facilities for other Cities or government entities. c. Approach to Running Daily Operations. d. Professional Training Certification and Staff Experience e. Initial Investment For Facility Facial Upgrades. f. Business and Marketing Plan Model g. Proposer Outline of Investments, Development, and Future Expansion h. Revenue Sharing Opportunities i. (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) m. Local Vendor Preference (Prohibited by Local, State or Federal Grant funding provisions.) The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications, or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification, or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division preference, as reasonably determined by the Purchasing Division, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." Respondents must include the Local Business Status Certification Form with their RFP submissions to be considered for a local business preference. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the total 5 points allotted by each evaluation committee member. Firms not meeting the Preference requirements will receive zero points in this evaluation criterion. j. Proposed Monthly Lease Payment. This refers to the proposed monthly lease schedule included in the RFP that will be remitted to the City The City reserves the right to award to the proposer that is seen to be in the City's best interest. (Please note that price is only one factor for consideration for the award.) Submitted proposed monthly lease shall not be subject to change until formal negotiations have begun with a designated firm. *Contract Cost will be calculated per the following "sample"formula. Firm A: Proposed Price $20,000 Percentage= 100% X Weight(20)= 20 Points Firm B: Proposed Price $25,000 Percentage = 80% X Weight(20)= 16 Points Firm C: Proposed Price $28,000 Percentage = 71% X Weight(20) = 14.2 Points Firm B's percentage is $20,000 +$25,000 = 80% of maximum points Firm C's percentage is$20,000+$28,000 = 71% of maximum points n. Revenue Sharing Opportunities The proposed revenue-sharing opportunities shall be evaluated on a point system of 1 to 10 with a 10% weight for each idea for the top three. o. Presentations- Once Vendors have been shortlisted or ranked, Presentations may be required if needed. The Selection Committee Members will make the decision to have Presentations or not. The Selection Committee Members will score Presentations on a scale of 0-25 points with an additional weight of 25%. 4.5 ADDITIONAL CLARIFICATION The City reserves the right to seek clarification from any or all Proposers if the information received during the evaluation process requires further explanation. Clarifications may be requested either before or after shortlisting, depending on what the Evaluation Committee determines to be in the best interest of the City. 4.6 BEST AND FINAL OFFER A process requested from one Proposer or short-listed proposers for their best price(s)for a specific solicitation before determining a contract award. This shall be at the discretion of the Evaluation Committee. Proposers shall be accorded fair and equal treatment with RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator • City of Boynton Beach Purchasing Division respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions. The City reserves the right to request Best and Final Offers from any or all Proposers if it is determined that further revisions to the proposal, including the proposed price, are necessary. 4.7 SELECTION PROCESS A. An Evaluation Committee consisting of the City's staff members, and may include outside Proposer as deemed necessary, will review each written submission to ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFP. B. This weighted criterion is the evaluation framework the EC uses during the shortlist and scoring process. C. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All EC members scores may be electronically opened and read aloud for discussion among the Evaluation Committee members. D. The Evaluation Committee may, at its sole discretion, request discussions or interviews or require presentations, additional information, or clarification of any information submitted by Respondent(s). E. The Evaluation Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and after the completion of the discussions, interviews, or presentations, the Committee will utilize the presentation points outlined above. F. After the final rankings are determined, City staff or evaluation committee will initiate negotiations with the top-ranked firm. Once an acceptable contract is finalized, which may include a Best and Final Offer, the agenda item with the final contract will be presented to the City Commission for final approval. G. After approval by the City Commission, the City Representative authorized to execute contracts will execute an Agreement(s) based on the attached draft contract developed from this Request for Proposals (RFP). H. The City reserves the right to include additional provisions if the inclusion is in the City's best interest, as determined solely by the City. I. CONTACT WITH ANY PERSONNEL OF THE CITY OF BOYNTON BEACH OTHER THAN THE PROCUREMENT REPRESENTATIVE DURING THE SOLICITATION, EVALUATION AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. J. In the event less than three (3) firms' express interest in a solicitation or less than three (3) are deemed qualified by the Evaluation Committee, then Procurement Division shall decide as to whether to proceed with the lesser number of firms. K. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three(3)firms that still cannot be qualified,then the City shall proceed hereunder with the qualified firms. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach ' Purchasing Division L,,v o, 53 LEGAL CONDITIONS Proposers are notified to familiarize .: ,„ = themselves with the provisions of the law of o` \ the State of Florida relating to the hours of ti ro N labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and Ordinances of the City of RFP No: 25-031R TENNIS & Boynton Beach. PICKLEBALL CENTER 5.4 CONFLICT OF INTEREST SERVICES (OPERATOR) The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm SECTION V—STANDARD GENERAL TERMS AND Beach County,of the State of Florida. PROVISIONS 5.5 ADDITIONAL HOURS QUANTITIES Unless otherwise agreed to by the City of Boynton The City reserves the right to acquire additional Beach ("City"), the following Standard Terms and hours or quantities of the requested proposal Conditions are applicable to this solicitation and the services at the prices proposal in this solicitation. resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, If additional quantities are not acceptable, the proposers, Consultant, Proposer, sub proposers, and price proposal sheets must be noted: subConsultant. "PROPOSAL IS FOR SPECIFIED QUANTITY ONLY". 5.1 FAMILIARITY AND COMPLIANCE WITH 5.6 DISPUTES LAWS,CODES AND REGULATIONS: In case of any doubt or difference of opinion as to Before submitting a proposal to this RFP, the items to be furnished hereunder, the decision proposers shall comply with all federal,state,and of the City Manager shall be final and binding on local laws,ordinances,and regulations applicable both parties. to the services contemplated herein, including 5.7 LEGAL REQUIREMENTS: those applicable to conflict of interest and collusion. Proposer shall comply with all Federal, State, County, and City laws, ordinances, rules, and Proposers must familiarize themselves with all regulations that in any manner affect the items federal, state, and local laws, ordinances, codes, covered herein apply. Lack of knowledge by the and regulations that may in any way affect the PROPOSER will in no way be a cause for relief goods/services offered and any other applicable from responsibility. federal requirements now in effect or imposed in the future. Lack of knowledge by the Proposer 5.8 ON PUBLIC ENTITY CRIMES shall not be a cause for relief from responsibility. All Request for Proposals as defined by Section 5.2 NON-COLLUSION 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Proposer shall not collude,conspire,connive, Florida Statutes, and any contract document or agree, directly or indirectly, with any other described by Section 287.058, Florida Statutes, proposer,firm,or person to submit a collusive shall contain a statement informing persons of the or sham response in connection with the work provisions of paragraph(2)(a)of Section 287.133, for which the response has been submitted or Florida Statutes,which reads as follows: to refrain from responding in connection with such work or have in any manner, directly or "A person or affiliate who has been placed on indirectly, sought by a person to fix the price the convicted vendor list following a or prices in the proposal submission form or conviction for public entity crime may not of any other proposer, or to fix any overhead submit a proposal on a contract or provide profit, or cost elements of the proposal price any goods or services to a public entity, may of any other responder, or to secure through not submit a proposal on a contract with a any collusion, conspiracy, connivance, or public entity for the construction or repair of a unlawful agreement any advantage against public building or public work,may not submit any other proposer, or any person interested proposals on leases of real property to a in the proposed work. The Proposer certifies public entity, may not be awarded or perform there has been no collusion with any other work as a PROPOSER, supplier, Sub firm or employees from any other firm who will PROPOSER, vendor, or Proposer under a be submitting a proposal on the same project. contract with any public entity, and may not transact business with any public entity in RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator s. City of Boynton Beach Purchasing Division excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a It is understood that at no time will any city, period of 36 months from the date of being county,municipality,or other agency be obligated placed on the convicted vendor list". to place an order for any other city, county, 5.9 FEDERAL AND STATE TAX: municipality,or agency,nor will any city,county municipality,or agency be obligated for any bills The City of Boynton Beach is exempt from incurred by any other city, county, municipality, Federal and state taxes. or agency. 5.10 PURCHASE ORDER REQUIRED: Further, it is understood that each agency will The City will not accept any goods delivered or issue its own purchase order or contract to the services performed unless a duly authorized awarded Proposer(s). purchase order has been issued for said goods 5.14 VENUE AND GOVERNING LAW: and/or services. The purchase order number must appear on all invoices, packing slips, and all Any and all legal actions arising from or necessary correspondence concerning the order. to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach 5.11 COMPLIANCE WITH OCCUPATIONAL County and shall be interpreted according to the SAFETY AND HEALTH: laws of Florida. The Proposer certifies that all material,equipment, 5.15 NON-DISCRIMINATION&EQUAL etc.,contained in this proposal meets all O.S.H.A. OPPORTUNITY EMPLOYMENT requirements. Proposer further certifies that if awarded as the Proposer, and the material A. The City is committed to assuring equal equipment,etc.delivered is subsequently found to opportunity in awarding be deficient in any O.S.H.A.requirement in effect orders/contracts and complies with all on the date of delivery,all costs necessary to bring laws prohibiting discrimination. the materials, equipment, etc., into compliance B. During the performance of the with the aforementioned requirements shall be Agreement, the Operator and its sub- borne by the Proposer. Proposer shall not discriminate against any employee or applicant for Proposer certifies that all employees, Sub employment because of race,color,sex, Proposers, agents, etc. shall comply with all including pregnancy, religion, age, O.S.H.A. and State safety regulations and national origin, ancestry,marital status, requirements. political affiliation, familial status, 5.12 PALM BEACH COUNTY INSPECTOR sexual orientation, gender identity, expression,or disability if qualified. GENERAL: C. The Proposer will take affirmative The Proposer and, if awarded Proposer, is aware action to ensure that employees and that the Inspector General of Palm Beach County those of its sub-Proposer are treated has the authority to investigate and audit matters during employment, without regard to relating to the negotiation and performance of any their race, color, sex, including Agreement resulting from this solicitation and,in pregnancy, religion, age, national furtherance thereof, may demand and obtain origin,ancestry,marital status,political records and testimony from the Proposer and its affiliation, familial status, sexual sub-Proposer and lower-tier sub-Proposer. orientation,gender identity,expression, or disability if qualified. The Proposer understands and agrees that in D. Such actions must include, but not be addition to all other remedies and consequences limited to,the following: employment, provided by law,the failure of the Proposer or its promotion; demotion or transfer; sub-Proposer or lower-tier sub-Proposer to fully recruitment or recruitment advertising, cooperate with the Inspector General when layoff or termination; rates of pay or requested may be deemed by the municipality to other forms of compensation; and be a material breach of this Agreement justifying selection for training, including its termination. apprenticeship. E. The Proposer and its sub-Proposer shall 5.13 OTHER AGENCIES agree to post in conspicuous places, Any Agreement(s) resulting from this RFP and available to its employees and from this submitted proposal may, upon mutual applicants for employment,notices to be agreement, permit any municipality or other provided by the contracting officer governmental agency to participate in the setting forth the provisions of this Agreement under the same prices, terms, and nondiscrimination clause. conditions if agreed to by both parties. F. The Proposer further agrees that they will ensure that all sub-Proposer,if any, RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division will be made aware of and will comply The cone of silence shall not apply to oral with this nondiscrimination clause. communications at any public proceeding, G. The Proposer understands and agrees including pre-proposal conferences, oral that a material violation of this section presentations before Selection Committees, shall be considered a material breach of contract negotiations during any public meeting, this solicitation and the resulting presentations made to the City Commission, and agreement/contract and may result in protest hearings.Further,the cone of silence shall termination of the agreement/contract, not apply to contract negotiations between any disqualification, or debarment of the employee and the intended awardee, any dispute company from participating in City resolution process following the filing of a protest contracts,or other sanctions. between the person filing the protest and any DENT PROPOSER employee, or any written correspondence with 5.16 INDEPENDENT Boynton Beach as may be permitted by the competitive solicitation.Additionally,the cone of The Proposer and, if awarded Operator, is, and silence shall not apply to any purchases made in shall be,in the performance of all work,services, an amount less than the competitive solicitation and activities under this solicitation and the threshold set forth in the Purchasing Manual. resulting Agreement,an independent Operator and not an employee or agent of the City.All persons 5.19 LEGAL EXPENSES: engaged in any of the work or services performed The City shall not be liable to an OPERATOR for pursuant to the Agreement shall,at all times and any legal fees,court costs,or other legal expenses in all places, be subject to the Operator's sole arising from the interpretation or enforcement of direction, supervision, and control. The Operator the Agreement, or any other matter generated by shall exercise control over the means and manner or relating to the Agreement. in which it and its employees perform the work, and in all respects,the Operator's relationship,and 5.20 NO THIRD-PARTY BENEFICIARIES: the relationship of its employees,to the City shall be that of an independent Operator and not as No provision of this RFP or agreement/contract to employees or agents of the City. follow with Operator is intended to, or shall be construed to,create any third-party beneficiary or 5.17 OMISSION OF DETAILS to provide any rights to any person or entity not a party to the agreement/contract,including but not Omission of any essential details from the terms or limited to any citizen or employees of the City specifications contained herein will not relieve the and/or Proposer. responding Firm of supplying such product(s) or service as specified. 5.21 DIRECT OWNER PURCHASES: 5.18 LOBBYING-CONE OF SILENCE: The City reserves the right to issue purchase orders for materials to either the Consistent with the requirements of Chapter 2, PROPOSER/OperatorNendor or the City's Article VIII, Lobbyist Registration, of the Palm suppliers for contracts/construction/public works- Beach County Code of Ordinances, Boynton related materials when deemed in the City's best Beach imposes a Cone of Silence. A cone of interest. silence shall be imposed upon each competitive solicitation as of the deadline to submit the 5.22 SCRUTINIZED COMPANIES: proposal, or other response and shall remain in By submission of a proposal for this effect until the City Commission awards or solicitation, Operator, its principals, or approves a contract, rejects all responses, or owners, certify that they are not listed on the otherwise takes action that ends the solicitation Scrutinized Companies that Boycott Israel process.While the cone of silence is in effect,no List, Scrutinized Companies with Activities in Operator or its agent shall directly or indirectly Sudan List, Scrutinized Companies with communicate with any member of City Activities in the Iran Terrorism Energy Sector Commission or their staff, the Manager, any List,or is engaged in business operations with employee of Boynton Beach authorized to act on 5, behalf of Boynton Beach in relation to the award FlSyria. Statutes,In accordance with Section 28is of a particular contract or member of the Selection ineligible o,aas amended, asubmit company id ineligible to,and may not,bid on,submit a bid Committee in reference to the solicitation,with the for,or enter into or renew a contract with any exception of the Purchasing Manager or designee. agency or local governmental entity for goods (Section 2-355 of the Palm Beach County Code of or services of: Ordinances.) Failure to abide by this provision Any amount of, at the time bidding on, may serve as grounds for disqualification for the submitting a bid for, or entering into or award of contract to the Proposer. Further, any renewing such Agreement,the company is on contract entered into in violation of the cone of the Scrutinized Companies that Boycott Israel silence shall render the transaction voidable. List, created pursuant to Section 215.4725, RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach ;' Purchasing Division Florida Statutes,or is engaged in a boycott of agreed by the City and the Proposer.The Operator Israel;or certifies that the proposal has been made by an One million dollars or more if, at the time of officer or employee having the authority to bind bidding on, submitting a bid for, or entering the Proposer. into or renewing such Contract,the company: Is on the Scrutinized Companies with 5.27 ENDORSEMENTS Activities in Sudan List or the Scrutinized No endorsements by the City of the goods and/or Companies with Activities in the Iran services will be used by the Operator in any way, Terrorism Energy Sector List, created manner,or form. pursuant to Section 215.473,Florida Statutes, or is engaged in business operations in Syria. 5.28 DRUG-FREE WORKPLACE 5.23 DISCRIMINATORY VENDOR LIST The Operator shall implement and maintain a drug-free workplace program of at least the An entity or affiliate who has been placed on the following items: discriminatory vendor list may not: obtain an A. Publish a statement notifying agreement/contract to provide goods or services to employees that the unlawful a public entity; construct or repair of a public building or public work; lease real property to a manufacture, distribution, public entity;award or perform work as a vendor, dispensing, possession, or use of a controlled substance is prohibited in supplier,or vendor under agreement/contract with the workplace and specifying the any public entity; nor transact business with any actions that will be taken against public entity. The Florida Department of employees for violations of such Management Services is responsible for prohibition. maintaining the discriminatory vendor list and B. Inform employees about the intends to post the list on its website. Questions dangers of drug abuse in the regarding the discriminatory vendor list may be workplace, the Proposer's policy of directed to the Florida Department of maintaining a drug-free workplace, Management Services, Office of Supplier any available drug counseling, Diversity at(850)487-0915. rehabilitation, and employee assistance programs, and the 5.24 NON-EXCLUSIVE penalties that may be imposed upon employees for drug abuse As may be applicable, the City reserves the right violations. to acquire some or all of these goods and services C. Give each employee engaged in through a State of Florida contract pursuant to the providing the services that are under City's Procurement Policy,provided the State of contract a copy of the statement Florida contract offers a lower price for the same specified in Item A above. goods and services. This reservation applies both D. In the statement specified in Item A to the initial award of this solicitation and to above, notify the employees that,as acquisition after an agreement/contract may be a condition of providing the services awarded. that are under contract, the employee will abide by the terms of Additionally,the City reserves the right to award the statement and will notify the other agreements for goods and services falling Operator of any conviction of,or plea within the scope of this solicitation and resultant of guilty or nolo contendere to, any Agreement when the specifications differ from violation of Chapter 893, Florida this solicitation or resultant Agreement, or for Statutes, or of any controlled goods and services specified in this solicitation substance law of the United States when the scope substantially differs from this or any state,for a violation occurring solicitation or resultant Agreement. in the workplace no later than five(5) calendar days after such conviction or plea. 5.25 BUSINESS INFORMATION E. Impose a sanction on or require If a proposing firm is a Joint Venture for the satisfactory participation in a drug goods/services described herein,the Operator all, abuse assistance or rehabilitation upon request of the City, provide a copy of the program, if such is available in the Joint Venture Agreement signed by all parties. employee's community, for any employee who is so convicted or so 5.26 AGREEMENT pleads. Operator agrees that by submitting a proposal that F. Make a good faith effort to continue is accepted by the City of Boynton Beach, a to maintain a p workplace through thee implementation of binding Agreement is formed in accordance with Section 287.087, Florida Statutes the City's terms,conditions,and specifications as set forth in the purchase order unless otherwise 5.29 PROHIBITED TELECOMMUNICATIONS RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator • City of Boynton Beach Purchasing Division EQUIPMENT The Operator agrees that copies of any and all property, work product, documentation, reports, Operator represents and certifies that Operator, computer systems and software, schedules, and all Sub-Operator do not use any equipment, graphs, outlines, books, manuals, logs, files, system, or service that uses covered deliverables, photographs, videos, tape telecommunications equipment or services as a recordings, or data relating to the Agreement substantial or essential component of any system which have been created as a part of the vendor's or as critical technology as part of any system,as services or authorized by the City as a such terms are used in 48 CFR §§ 52.204-24 reimbursable expense,whether generated directly through 52.204-26. Operator represents and by the Operator, or by or in conjunction or certifies that Operator,and all Sub-Operator shall consultation with any other party whether or not a not provide or use such covered party to the Agreement,whether or not in privity telecommunications equipment, system, or of contract with the City or the Operator, and services during the Term. wherever located shall be the property of the City. 5.30 PROHIBITION AGAINST CONSIDERING Any material submitted in response to this SOCIAL,POLITICAL,OR IDEOLOGICAL solicitation is considered a public document in INTERESTS IN GOVERNMENT accordance with Section 119.07, F.S. All CONTRACTING submitted information that the responding Proposers are hereby notified of the provisions of Operator believes to be confidential and section 287.05701, Florida Statutes, as amended, exempt from disclosure(i.e.,a trade secret or that the City will not request documentation of or as provided for in Section 119.07, Chapter consider a Proposer's social, political, or 688, and Section 812.081, F.S.) must be ideological interests when determining if the specifically identified as such.Upon receipt of Operator is a responsible Operator. Proposers are a public records request for such information, further notified that the City's governing body may a determination will be made as to whether not give preference to an Operator based on the the identified information is, in fact, Proposer's social, political, or ideological confidential. interests. The City is a public agency subject to Chapter 119, 5.31 RIGHTS IN DATA Florida Statutes. The Operator shall comply with Florida's Public Records Law. Specifically, the Except if otherwise agreed to in writing,the City Operator shall: shall have exclusive ownership of,all proprietary interest in, and the right to full and exclusive A. Keep and maintain public records possession of all information, materials, and required by the City to perform the documents discovered or produced by service. OPERATOR pursuant to the terms of this B. Upon request from the City's custodian solicitation, including but not limited to reports, of public records,provide the City with memoranda or letters concerning the research and a copy of the requested records or allow reporting tasks required. the records to be inspected or copied 5.32 DOCUMENTATION OF COSTS within a reasonable time at a cost that does not exceed the cost provided in All costs submitted shall be supported by properly chapter 119, Fla. Stat. or as otherwise executed payrolls, time records, invoices, provided by law. vouchers, or other official documentation C. Ensure that public records that are evidencing in proper detail the nature and exempt or that are confidential and propriety of the charges. All checks, payrolls, exempt from public record disclosure invoices, contracts, vouchers, orders, or other requirements are not disclosed except as accounting documents pertaining in whole or in authorized by law for the duration of the part to the resulting contract/agreement shall be contract term and,following completion clearly identified and regularly accessible and of the Agreement, Operator shall provided to the City upon request. destroy all copies of such confidential and exempt records remaining in its 5.33 PUBLIC RECORDS possession once the Operator transfers Sealed documents received by the City in response the records in its possession to the City; to a Request for Proposals are exempt from public and records disclosure until thirty (30) calendar days D. Upon completion of the Agreement, after the opening of the RFP unless the City Operator shall transfer to the City,at no announces intent to award sooner, in accordance cost to the City, all public records in with Florida Statutes 119.071. Operator's possession. All records stored electronically by Operator must be provided to the City, upon request from the City's custodian of public RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator V 0R • \ Z City of Boynton Beach •`"Tom Purchasing Division records, in a format that is compatible AGREEMENT, CONTACT THE with the information technology systems of the City. CUSTODIAN OF PUBLIC E. Failure of the Operator to comply with RECORDS: the requirements of this Section, and other applicable requirements of state or federal law,shall be a material breach of CITY CLERK'S OFFICE the resulting Agreement.The City shall have the right to exercise all remedies 100 EAST OCEAN available to it for breach of AVENUE agreement/contract, including but not limited to, the right to terminate for BOYNTON BEACH, cause. FLORIDA, 33435 IF THE OPERATOR HAS 561-742-6060 QUESTIONS REGARDING THE CitvClerkabbfl.us APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO 5.34 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a THE OPERATOR'S DUTY TO waiver of sovereign immunity by the City or as a waiveay have PROVIDE PUBLIC RECORDS under hef imksoneabfo sovereignr rimmunitythe City orender under the doctrine of under RELATING TO THIS Section 768.28,Florida Statutes. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator DA r� City of Boynton Beach 4.'0Purchasing Division RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION VI — SPECIAL PROVISONS —TERM CONTRACT The Operator will be responsible for supplying all necessary labor, staffing, supplies, equipment and all other needed resources to run the facility operations at its own expense. The City is not responsible for any agreement contracts, expenditures, debt or credit incurred by the Operator regarding managing facility operations and additional services mention in this RFP for the City of Boynton Beach. The following special conditions shall apply to all Proposers and eventually to the Operator(s) who are awarded the contract for these services. 6.1 ASSIGNMENT: Any contract issued pursuant to this request for proposal and the funds that may come due hereunder are not assignable except with the prior written approval of the City. 6.2 AGREEMENT TERM AND EXTENSION The City will award this contract for a FIVE-YEAR (5) period and reserves the right to extend for an additional TWO additional TWO-YEAR periods. The City agrees to an additional ONE HUNDRED EIGHTY (180)calendar days extension by mutual agreement and by filing a written notice signed by the Operator and the City's Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of One Hundred and Eighty Calendar days. 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES CITY or Operator may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in in Section II — Scope of Work to be provided under this Agreement subject to the requirements. Such changes or additional work must be in accordance with the provisions of the CITY's Code of Ordinances, and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Operator shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while a seeking change order which have not been described herein or in a separate written amendment or change order shall be performed at the Operator's own risk. In no event will the Operator be compensated for any services which have not been described either herein or in a separate written amendment or change order. 6.4 INDEMNIFICATION The Operator shall indemnify, hold harmless, and defend City and all of City's current, past, and future officers, agents, and employees (collectively, "Indemnified Party") from RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach r Purchasing Division and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Operator, or any intentional, reckless, or negligent act or omission of Operator, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is brought against an Indemnified Party, Operator shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the City Attorney, any sums due Operator under this Agreement may be retained by City until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. The Operator shall also be liable to the City for all costs, expenses, attorneys' fees, and damages which may be incurred or sustained by the City by reason of the Operator's breach of any of the provisions of the contract. Operator shall not be responsible for negligent acts of the City or its employees. Further, the Operator shall hold the City harmless and indemnify the City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Operator. 6.5 TERMINATION The City, by written notice, may terminate in whole or in part any Agreement resulting from this RFP when such action is in the best interest of the City. If the Agreements(s)are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. A. DEFAULT AND TERMINATION FOR CAUSE: This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach ("Cure Period"). The party in breach may, within the Cure Period, request an extension to the Cure Period for a reasonable time if such party demonstrates best efforts to cure such breach. his Agreement may be terminated for cause as provided for herein for reasons including, but not limited to, Operator's repeated (whether negligent or intentional) submission of false or incorrect reports, Operator's failure to perform the scope of services suitably, or failure to continuously perform the scope of services in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if Operator is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if Operator provides a false certification submitted pursuant to Section 287.135, Florida Statutes. If either party erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator r Ok m z O V City of Boynton Beach �`'�� Purchasing Division effective nine (9) months after receipt of such written notice of termination for cause. B. TERMINATION FOR CONVENIENCE OF CITY City shall have the right to terminate this Agreement for convenience upon a minimum of nine (9) months written notice to Operator. This time period may be extended up to an additional thirty (30) days, at the City's sole discretion, if Operator delivers a written request to the City Manager for an extension within sixty (60) days from receipt of the initial notice. Operator's written extension request shall include sufficient explanation and documentation to allow the City to reasonably grant same. In the event that City terminates this Agreement for convenience, within ninety (90) days following the effective date of such termination, City shall pay Operator the amount expended by Operator and approved by City for Operator's capital improvements to the Premises during the Term of this Agreement, minus an annual percent ( %) depreciation for each approved improvement. For the purposes of this Agreement, "capital improvement" shall mean permanent improvements including, but not limited to, structures, complete mechanical, plumbing, or electric systems, and permanent fixtures. C. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. D. FUNDING OUT This result of this Agreement shall remain in full force and effect only if the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 6.6 PERFORMANCE OF OPERATOR The Operator shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. Failure on the part of the submitting Operator to comply with the conditions, terms, specifications, and requirements of the RFP shall be cause for cancellation of the RFP award, notwithstanding any additional requirements enumerated in the Special Conditions herein relating to performance-based contracting. The City may, by written notice to the Responding Firm, terminate the Agreement for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. The Operator agrees to a final walkthrough of facility for acceptance building, equipment, supplies, tools, all other items that belongs to the city in their possession. The Operator agrees to pay damages for any items that are not returned in working condition, broken, lost, severely damaged. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator Y OR, 0 U City of Boynton Beach Purchasing Division 6.7 INSURANCE REQUIREMENTS — SEE SAMPLE CONTRACT FOR LIMITS If an Operator is providing a service under this Agreement, then the Operator shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Operator under this Agreement. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Operator shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the Agreement. It shall be the responsibility of the Operator to maintain workers' compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Operator until such time as the items and/or work have been accepted by the City. The Operator shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. 6.8 FORCE MAJEURE The Agreement which is awarded to the Operator may provide that the performance of any act by the City or Operator thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to Operator for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel, or renegotiate the Agreement. 6.9 INSPECTION AND ACCEPTANCE OF SERVIVES PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Operator. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Operator. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Operator. The Operator shall make any required corrections promptly at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. Failure by the Operator to proceed with reasonable promptness to make necessary corrections shall be a default. If the Operator's submission of corrected work remains RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator 1 City of Boynton Beach Purchasing Division unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 6.10 CONTINGENCY FEE Operator represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Operator, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 6.11 PERFORMANCE REVIEW EVALUATION: The awarded Operator(s) may receive a performance evaluation by City Staff during the course of the term contract. The City's Project Manager shall complete performance evaluations at the first year of the contract or more frequent intervals as required by the Agreement and at the time of the end of the term contract. Should the services provided by the Operator fail to meet the expectations of the City's Project Manager, the Operator shall have a period of ten (10) working days from the date notice is given to the Operator by the City to correct all deficiencies in the under the contract. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the contract without the City being liable for any and all future obligations under the Agreement as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Operator for any accepted work product through the date of termination of an authorized Purchase Order, provided it is in a form sufficiently documented and organized to allow subsequent utilization in completing the work product. The City's Project Manager shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with bringing performance back to acceptable standards. It is equally important to complete the "Operator Performance Evaluation Form whenever any of the performance indicators are either "marginal" or "unsatisfactory". In the event the Average Rating Score is "marginal" or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the City's Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. The Contract Performance Evaluation Form enclosed within this document illustrates a sample evaluation form to be used by the City for the various types of services provided by the City. 6.12 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Operator entering into an Agreement with the City, the Operator shall provide the City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division 6.13 VERIFICATION OF EMPLOYMENT ELIGIBILITY— E-VERITY Operator represents that Operator, and each Sub-Operator have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Operator violates this section, City may immediately terminate this Agreement for cause and Operator shall be liable for all costs incurred by City due to the termination. 6.14 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Operator or any Sub-Operator will have access to an individual's personal identifying information under this Agreement. Operator represents and certifies: (i) Operator is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, Operator and any Sub-Operator that will have access to personal identifying information shall submit to the City executed affidavit(s)under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 6.15 SUCCESSORS AND ASSIGNS The City and the Operator each bind themselves and their successors and assigns to the other party in respect to all provisions of the Agreement. Neither the City nor the Operator shall assign, sublet, convey, or transfer its interest in the Agreement without the prior written consent of the other. 6.16 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Fully Executed Agreement The Scope of Work (Services) The Instructions to Proposers The Special Conditions Standard General Terms and Conditions Proposer's Proposal THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator r oA m 0 V City of Boynton Beach Purchasing Division RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION VII - PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM — BIDS & TENDERS* THE SCHEDULE OF REVENUE GENERATING PRICES CONSISTS OF THE FOLLOWING: The Operator management firm agrees to provide professional facility management for daily operations for the Tennis and Pickleball Center, which includes the following: tennis and pickleball instructions, training, mentorships, events, tournaments and branding and marketing for promotional items, and any other items that have been identified in this RFP for the City. The Proposer is asked to please complete the proposal table below with proposed rates for the items listed below: 3 Proposed Monthly Lease for the Tennis Center that shall be remitted to the City $ 4 Proposed Percent Remitted to Revenue City Amount a. I Revenue Activity 1 - $ b. Revenue Activity 2 $ c. Revenue Activity 3 $ RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator �! O tr� z City of Boynton Beach Purchasing Division APPENDIX 'A ' OPERATING SERVICES RFP No: 25-031R TENNIS & PICKLEBALL CENTER 01Y OA, r SIM mom O - - V qe TON lePJ RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator Beach PurchasingDivision City of Boyntoneac RFP No: 25-031R TENNIS & PICKLEBALL CENTER SERVICES (OPERATOR) SECTION VIII - SAMPLE TERM AGREEMENT - CITY-OWNED TENNIS AND PICKLEBALL CENTER - REVENUE SHARING LEASE AND OPERATING THIS REVENUE SHARING LEASE AGREEMENT (the "Agreement") is made and entered into as of , 2025 (the "Effective Date"), by and between the City of Boynton Beach, a Florida municipal corporation, with its principal place of business at 100 E. Ocean Ave., Boynton Beach, FL 33435 (the "City") and , a Florida with its principal place of business at ("Operator"). (The City and Operator are sometimes individually referred to as a "Party" and collectively as the "Parties") RECITALS WHEREAS, the City is the owner of certain real property located at , Florida , as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); WHEREAS, the Property includes tennis courts, pickleball courts, and related facilities suitable for operation as a tennis and pickleball center; WHEREAS, the City has determined that it is in the best interest of the public to engage an experienced operator to manage and operate the tennis and pickleball center ("the "Center"); WHEREAS, the City issued procurement solicitation RFP No. seeking proposals from firms offering to operate a tennis and pickleball center, a copy of which is incorporated into this Agreement by reference; WHEREAS, Operator desires to lease the Property from the City for the purpose of operating a tennis and pickleball center; and WHEREAS, Operator's proposal was selected by City's selection committee; WHEREAS, negotiations pertaining to the subject matter of this Agreement were undertaken between the Parties and this Agreement incorporates the results of such negotiations; WHEREAS, the City and Operator wish to enter into this Agreement to establish the terms and conditions under which Operator will lease and operate the Center, RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator �J- City of Boynton Beach Purchasing Division including provisions for sharing revenue generated from the Center's operations, in accordance with all applicable Florida laws governing municipal contracts; WHEREAS, this Agreement was approved by the City Commission of the City of Boynton Beach by Resolution No. on , 2025, in accordance with all applicable laws and procedures; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. LEASE OF PROPERTY 1.1 Lease Grant The City hereby leases to Operator, and Operator hereby leases from the City, the Property for the Term (as defined below), subject to the terms and conditions set forth in this Agreement. 1.2 Premises The leased premises (the "Premises") consist of: a) tennis courts; b) pickleball courts; c) Clubhouse and pro shop of approximately square feet; d) Locker rooms and restroom facilities; e) Parking areas; f) Storage areas; g) Office space; and h) Any additional facilities described in Exhibit B. 1.3 Condition of Premises Operator acknowledges that it has inspected the Premises and accepts the Premises in their current "AS IS" condition, except as otherwise specified in Exhibit C (if applicable). 1.4 Public Purpose and Benefit The Parties acknowledge that the Premises constitute a public recreational facility owned by the City and that this Agreement is intended to serve the public interest by providing recreational opportunities to the residents and visitors of the City while ensuring efficient operation and maintenance of the facility. Operator shall operate the Center in a manner consistent with this public purpose. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division 2. TERM, RENEWAL, AND TERMINATION 2.1 Initial Term The initial term of this Agreement shall be for a period of years, commencing on , 2025 (the "Commencement Date") and ending on 20_ (the "Initial Term"), unless earlier terminated as provided herein. 2.2 Renewal Options Provided that Operator is not in default under this Agreement, Operator shall have the option to renew this Agreement for additional periods of years each (each, a "Renewal Term") on the same terms and conditions as set forth herein, except for adjustments to the Base Rent and Revenue Share percentages as provided in Sections 3.1 and 3.2. The Parties must enter into a written amendment to exercise a renewal option. If Operator does not intend to agree to the exercise of a renewal option, it must provide the City with at least 180 days' written notice prior to the expiration of the then- current term. 2.3 Term As used herein, "Term" shall mean the Initial Term and any Renewal Term(s) exercised by Operator. 2.4 Termination for Cause This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach ("Cure Period"). The party in breach may, within the Cure Period, request an extension to the Cure Period for a reasonable time if such party demonstrates best efforts to cure such breach. his Agreement may be terminated for cause as provided for herein for reasons including, but not limited to, Operator's repeated (whether negligent or intentional) submission of false or incorrect reports, Operator's failure to perform the scope of services suitably, or failure to continuously perform the scope of services in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if Operator is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if Operator provides a false certification submitted pursuant to Section 287.135, Florida Statutes. If either party erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective nine (9) months after receipt of such written notice of termination for cause. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division 2.5 Termination for Convenience City shall have the right to terminate this Agreement for convenience upon a minimum of nine (9) months written notice to Operator. This time period may be extended up to an additional thirty (30) days, at the City's sole discretion, if Operator delivers a written request to the City Manager for an extension within sixty (60) days from receipt of the initial notice. Operator's written extension request shall include sufficient explanation and documentation to allow the City to reasonably grant same. In the event that City terminates this Agreement for convenience, within ninety (90) days following the effective date of such termination, City shall pay Operator the amount expended by Operator and approved by City for Operator's capital improvements to the Premises during the Term of this Agreement, minus an annual percent ( %) depreciation for each approved improvement. For the purposes of this Agreement, "capital improvement" shall mean permanent improvements including, but not limited to, structures, complete mechanical, plumbing, or electric systems, and permanent fixtures. 2.6 Termination to Protect Health, Safety, or Welfare This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 2.7 Notice of Termination Notice of termination shall be provided in accordance with the "Notices" section of this Agreement, except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "Notices" section of this Agreement. 3. RENT AND REVENUE SHARING 3.1 Base Rent Operator shall pay to City a base rent of $ per month ("Base Rent"), due on the first day of each month during the Term, without demand, offset, or deduction. The Base Rent shall increase by % on each anniversary of the Commencement Date. 3.2 Revenue Share In addition to the Base Rent, Operator shall pay to City a percentage of Gross Revenue (as defined below) generated from the Center's operations (the "Revenue Share") according to the following schedule: a) % of Gross Revenue from court rentals and reservations; b) % of Gross Revenue from membership fees and dues; c) % of Gross Revenue from tennis and pickleball lessons and clinics; RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator (rr City of Boynton Beach '� Purchasing Division d) % of Gross Revenue from tournaments and special events; e) % of Gross Revenue from pro shop sales; f) % of Gross Revenue from food and beverage sales; and g) % of Gross Revenue from all other sources not specifically identified above. 3.3 Definition of Gross Revenue "Gross Revenue" means all revenue and income of any kind generated from the Center's operation, whether by cash, credit, barter, exchange, or otherwise, before any deductions for expenses, taxes, or other items. Gross Revenue shall not include: a) Sales or other taxes collected from customers and remitted to the appropriate taxing authority; b) Refunds or credits to customers for returned merchandise or canceled services; c) Insurance proceeds; and d) Security deposits (except to the extent applied as rent or forfeited). 3.4 Payment of Revenue Share Operator shall calculate the Revenue Share on a monthly basis and shall pay the Revenue Share to City within fifteen (15)days after the end of each calendar month. Each Revenue Share payment shall be accompanied by a detailed statement showing the calculation of Gross Revenue and the Revenue Share for the applicable month. 3.5 Records and Audit Rights Operator shall maintain complete and accurate books and records of all revenue and expenses related to the operation of the Center. City shall have the right, upon reasonable notice and during normal business hours, to inspect and audit Operator's books and records to verify the calculation of Gross Revenue and the Revenue Share. If an audit inspection in accordance with this section discloses underpayment (of any nature) by Operator to the City in excess of one-half of one percent(.5%)of the total contract billings, (1)the reasonable costs of the City's audit shall be reimbursed to the City by the Operator and (2) liquidated damages in the amount of 15% of the underpayment shall be assessed. Any adjustments and/or payments that must be made as a result of the audit inspection, including any interest, audit costs, and liquidated damages, shall be made by the Operator within 45 days from the presentation of the City's findings to the Operator. Failure by Operator to permit such audit shall be grounds for termination of this Agreement by the City. 3.6 Minimum Annual Guarantee Notwithstanding the Revenue Share percentages set forth in Section 3.2, Operator guarantees that the total Revenue Share payments for each calendar year during the Term will be at least $ (the "Minimum Annual Guarantee"). If the total Revenue Share payments for any calendar year are less than the Minimum Annual RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division Guarantee, Operator shall pay the difference to City within thirty (30) days after the end of the calendar year. 3.7 Capital Investment Operator shall make a capital investment of not less than $ in improvements to the Premises within the first years of the Initial Term (the"Required Capital Investment"). The Required Capital Investment shall be used for [SPECIFIC IMPROVEMENTS, e.g., court resurfacing, lighting upgrades, facility renovations, etc.]. All improvements shall be subject to City's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. 4. SECURITY AND DAMAGE DEPOSITS 4.1 Security Deposit Upon execution of this Agreement, Operator shall deposit with City the sum of $ as a security deposit (the "Security Deposit"). 4.2 Use and Return of Security Deposit City may use the Security Deposit to remedy any default by Operator under this Agreement, including but not limited to failure to pay rent, failure to repair damage to the Premises, or failure to leave the Premises in clean condition upon termination of this Agreement. Within thirty (30) days after the termination of this Agreement and Operator's vacation of the Premises, City shall return the Security Deposit to Operator, less any amounts properly withheld by City, along with an itemized statement of any amounts withheld. 4.3 Performance Deposit Prior to the commencement of any services under this Agreement, Operator shall deposit with the City a performance deposit in the amount of Thousand and 00/100 Dollars ($ ,000.00) (the "Performance Deposit"), to be held by City as security for the full and faithful performance of Operator under this Agreement. The Performance Deposit may be in the form of cash, money order, cashier's check, or irrevocable letter of credit in a form acceptable to the City. Upon expiration or earlier termination of this Agreement, any portion of the Performance Deposit may be applied towards debts owed or damages caused by Operator under this Agreement. Within sixty (60) days after the expiration or earlier termination of this Agreement, City shall remit to, or authorize release to, Operator the full balance, or remaining balance after deductions are taken for any debts owed or damage caused by Operator. If City holds the Performance Deposit, it shall be held without interest paid to Operator. 5. USE OF PREMISES; OPERATIONS; BACKGROUND CHECKS 5.1 Permitted Use RFP:25-031 R TENNIS 8 PICKLEBALL CENTER SERVICES Operator q4,_ :jL City of Boynton Beach Purchasing Division Operator shall use the Premises solely for the purpose of operating a tennis and pickleball center, including related activities such as providing tennis and pickleball lessons, hosting tournaments and events, operating a pro shop, and providing food and beverage services. Operator shall not use the Premises for any other purpose without the City's prior written consent. Operator's services are described in further detail in Exhibit D. 5.2 Hours of Operation Operator shall operate the Center during reasonable business hours as determined by Operator, provided that the Center shall be open to the public for a minimum of hours per week, subject to inclement weather and holidays. The City reserves the right to establish minimum operating hours to ensure adequate public access to the facility. 5.3 Public Access Operator shall ensure that the Center is reasonably accessible to all members of the public, including City residents and non-residents, without discrimination. Operator shall establish and maintain a schedule of user fees that provides preferential rates to City residents. The fee schedule shall be subject to approval by the City Commission on an annual basis. 5.4 Community Programs Operator shall develop and implement community programs designed to promote tennis and pickleball in the community, including but not limited to: a) Youth programs and clinics; b) Programs for seniors; c) Programs for persons with disabilities; d) School partnerships; and e) At least free or reduced-cost community events per year. The community programs shall be detailed in an annual Community Benefit Plan to be submitted to the City for approval. 5.5 Compliance with Laws Operator shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with its use and operation of the Premises, including but not limited to: a) Obtaining and maintaining all necessary licenses, permits, and approvals; b) Americans with Disabilities Act (ADA) requirements; c) Florida Building Code; d) Florida Fire Prevention Code; e) City zoning ordinances and land development regulations; f) Health and safety regulations; and RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach r Purchasing Division g) Environmental regulations. 5.6 Rules and Regulations Operator shall establish reasonable rules and regulations for the use of the Center by members and guests, which shall be subject to the City's approval, not to be unreasonably withheld, conditioned, or delayed. Operator shall provide a copy of such rules and regulations to the City and shall enforce them consistently and fairly. 5.7 Staffing Operator shall assign a full-time qualified, experienced operations or business Manager ("Operations Manager") for operation of the Center under this Agreement. Said Operations Manager or the Manager's authorized agent must be at least eighteen (18) years of age and be physically available during approved operating hours. In addition to the Operations Manager, Operator shall either hire a General Manager or provide additional training to the Operations Manager so as to provide optimal planning, interactive, and oversight functions at the Center. The qualifications of the Manager(s) shall be submitted to the City upon request. During the hours when the Operations Manager is not on duty or available, Operator or the Operations Manager shall designate an individual as Operator's authorized agent who shall be responsible for the day-to-day operations of the Center. The City shall be advised in writing of the names, addresses, and birth dates of the Manager(s) and the Manager's authorized agent(s), and if necessary and requested by the City, the Social Security Numbers of the Manager(s). Operator shall endeavor to hire persons of good moral character and perform criminal background checks as provided in this Agreement. All instructional staff shall be certified by the United States Professional Tennis Association (USPTA), Professional Pickleball Association (PPA), or other recognized professional organizations. 5.8 Quality of Services Operator represents that each person who will render services under this Agreement is duly qualified to perform such services by all applicable and appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. The quality of Operator's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards for similar operations. Operator's employees, agents, representatives, independent contractors, subcontractors, volunteers, or others involved in the maintenance or operation of the Center shall perform their respective duties in an efficient and courteous manner. Failure of any of these persons to do so shall be grounds for their removal from duties by the Operator's direct action or via the City's reasonable demand if, after reasonable notice by the City, the Operator fails to take the necessary steps to correct the cause of such objection. The Operator shall provide all staffing necessary for the Center's operation under this Agreement during the Center's operating hours. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator 1 City of Boynton Beach Purchasing Division Operator shall furnish good, prompt, and efficient service adequate to meet all reasonable demands for such service. The City may periodically evaluate Operator's performance under this Agreement and reasonably recommend that Operator modify its operations to furnish good, prompt, and efficient service. The implementation by Operator of any recommendations by the City shall not be unreasonably withheld. Operator's employees shall be distinctively uniformed and appropriately attired in a neat and professional manner that distinguishes Operator's employees from City employees' attire, e.g., golf or polo shirts with distinctive logos, name tags, and matching slacks or shorts. Operator shall not permit music audio merchandising, background sounds, or other noise or sounds to be audible outside of the Premises. All sounds or noise, including, but not limited to, music generated at or caused by the Operator or emanating from the Premises, shall be kept to reasonable levels and must be turned off and remain off at the request of the City. Operator shall cause the immediate cessation of any noise, music, or other sounds emanating from the Premises, which is deemed offensive, distracting, or disturbing by the City, in the City's sole determination. 5.9 Damage to Premises Operator shall repair any and all damage to the Center's or Operator's real and personal property caused by Operator, its employees, agents, subcontractors, independent contractors, patrons, and invitees. City shall repair any and all damage to the Center's or Operator's real and personal property caused by City, its employees, agents, subcontractors, and independent contractors. 5.10 Inspection by City The City shall have the authority to make periodic reasonable inspections of the Center, equipment, and operations during normal operating hours to determine if such are being maintained in a neat and orderly condition or to determine whether Operator is operating in compliance with the terms of this Agreement. All inspections shall be conducted in a manner so as not to interfere with the normal operations of the Center. The City may inform Operator of any needed actions to correct improper operations. Operator shall reasonably comply with any recommendations of the City with respect to improper operations issues. 5.11 Marketing and Promotion Operator shall actively market and promote the Center to maximize usage and revenue. Operator's marketing efforts shall include but not be limited to maintaining a website, social media presence, email newsletters, and local advertising. All marketing materials shall acknowledge that the Premises are owned by the City of Boynton Beach. RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator qr City of Boynton Beach \•V Purchasing Division 5.12 Criminal Background Screening Operator shall perform criminal background screening as identified below on its officers, employees, agents, independent contractors, and volunteers working under this Agreement on the Premises. Further, if Operator is permitted to utilize subcontractors under this Agreement, Operator shall perform or ensure that the background screening as required below is conducted on any permitted subcontractor, which term includes the subcontractor's officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Center. Operator shall not be required to comply with the provisions for criminal background screening under this section for those independent vendors coming onto the Premises merely to make deliveries of goods or services for, or relating to, the Center. Operator shall not permit any person who is listed as a sexual predator or sexual offender on the Florida Department of Law Enforcement, Sexual Offenders and Predators Website or the United States Department of Justice, National Sex Offender Public Website, to provide any services for Operator on the Premises. Operator shall maintain copies of the results of the criminal background screening required for the Term and promptly forward copies of same to City upon its request. Operator shall be required to furnish to the City, on a monthly basis, an Affidavit, in a form approved by City, affirming the persons listed in the Affidavit have been background screened as required by this Agreement and have been deemed eligible by Operator to work at the Center. Operator's monthly Affidavit shall update information from the previous Affidavit by reconfirming the status of persons who have previously been deemed eligible as provided for above and updating the list, when applicable, to specifically identify new persons providing services for Operator under this Agreement who have been background screened as required and deemed eligible to work at the Center. In its discretion, the City may permit Operator to furnish the monthly Affidavit in an electronic format. In the event Operator obtains or is provided supplemental criminal background information, including police reports and arrest information, which potentially disqualifies a person previously deemed eligible by Operator to provide services under this Agreement, Operator shall take immediate action to review the matter; however, during such review time and until a determination of eligibility is made by Operator based on the requirements of this section, Operator shall immediately cease allowing the person to work at the Center. Additionally, Operator shall be required to inform any person background screened pursuant to this section who is providing services under this Agreement, to notify Operator within forty-eight (48) hours of any arrest related to sexual misconduct that has occurred after the person was deemed eligible to work at the Center. Operator shall, by written contract, require its permitted subcontractors to agree to the requirements and obligations of this section. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator re City of Boynton Beach Purchasing Division City may terminate this Agreement immediately for cause, with written notice provided to Operator, for a violation related to Operator's failure to perform the required background screening on its officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Center. City may also terminate this Agreement immediately for cause, with written notice provided to Operator, if City determines Operator failed to ensure that its permitted subcontractors have been background screened as required in this section before performing any services under this Agreement at the Center. Operator will not be subject to immediate termination in the event City determines a violation of this section was outside the reasonable control of Operator and Operator has demonstrated to City compliance with the requirements of this section. City may terminate this Agreement for cause if Operator fails to provide the monthly Affidavit to City as provided above, and Operator does not cure said breach within five (5) days of written notice provided to Operator by City in accordance with the "Notices" section of this Agreement. 6. MAINTENANCE AND REPAIRS 6.1 Operator's Obligations Operator shall, at its sole cost and expense, keep and maintain the Premises in good condition and repair, including but not limited to: a) Regular maintenance of tennis and pickleball courts, including resurfacing as needed; b) Maintenance of court lighting, fencing, and nets; c) Maintenance of the clubhouse, pro shop, locker rooms, and restroom facilities; d) Maintenance of landscaping and grounds; e) Janitorial services and trash removal; f) Pest control; and g) Minor repairs and maintenance of building systems. 6.2 City's Obligations City shall, at its sole cost and expense, be responsible for: a) Structural repairs to the buildings; b) Roof repairs and replacement; c) Major repairs or replacement of HVAC, plumbing, and electrical systems; and d) Maintenance and repairs to the parking lot, including repaving when necessary. 6.3 Capital Improvements Any capital improvements to the Premises with a cost exceeding $ shall require City's prior written approval, which shall not be unreasonably withheld, RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator _(1r:), City of Boynton Beach >' Purchasing Division conditioned, or delayed. City and Operator shall agree in writing on the allocation of costs for any approved capital improvements. 7. UTILITIES AND SERVICES 7.1 Operator's Responsibility Operator shall pay for all utilities and services supplied to the Premises, including but not limited to electricity, gas, water, sewer, telephone, internet, cable/satellite television, security systems, and trash collection. 7.2 Interruption of Services City shall not be liable for any interruption or failure of utility services to the Premises unless such interruption or failure is caused by City's negligence or willful misconduct. 8. PAYMENT OF TAXES AND OBLIGATIONS 8.1 Real Property and Business Taxes City shall pay all real property taxes and assessments levied against the Property. If real property taxes increase due to Operator's specific use of the Property or improvements made by Operator, Operator shall pay the amount of such increase. Operator shall pay all taxes and other costs lawfully assessed against its business and legal interest in the operation of the Center under this Agreement, including but not limited to the Center-related Improvements made by Operator; provided, however, that Operator shall not be deemed in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity or amount of such taxes and/or other costs. 8.2 Sales and Use Taxes Operator shall be liable for the prevailing state of Florida Sales and Use Tax imposed on rent payable to City under this Agreement. This tax shall be calculated in addition to and not incorporated into the monthly rent. Operator shall be liable for all other taxes due taxing authorities arising out of its operations under this Agreement, including all taxes assessed against Operator's personal property, trade fixtures, and equipment located on the Premises. 8.3 Other Obligations Operator shall procure and obtain, at its sole cost, all permits, licenses, and approvals required of Operator for its operations and performance under this Agreement. Operator shall be responsible for paying its approved contractors, subcontractors, and suppliers hired to perform any of the Center-related improvements for work performed or for supplies, equipment, or materials transacted, any undisputed amount within thirty (30) calendar days following receipt of appropriate invoices for such work or supplies, upon RFP:25-031R TENNIS 8 PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division completion of same. Operator shall take such action necessary to resolve any amounts in dispute. 9. INSURANCE 9.1 Operator's Insurance Operator shall, at its sole cost and expense, maintain the following insurance coverage throughout the Term: a) Commercial General Liability Insurance with limits of not less than $2,000,000 per occurrence and $4,000,000 aggregate; b) Property Insurance covering Operator's personal property, trade fixtures, and equipment; c) Business Interruption Insurance; d) Workers' Compensation Insurance as required by law; e) Automobile Liability Insurance with limits of not less than $1,000,000 combined single limit; f) Professional Liability Insurance with limits of not less than $1,000,000 per occurrence (if Operator provides professional services such as instruction); g) Employment Practices Liability Insurance with limits of not less than $1,000,000; and h) Cyber Liability Insurance with limits of not less than $1,000,000 (if Operator collects personal information through websites, mobile applications, or other digital platforms). 9.2 City's Insurance The City shall maintain property insurance covering the buildings and permanent improvements on the Property, and commercial general liability insurance with respect to the City's ownership of the Property, in accordance with the City's standard insurance program and risk management policies. The Parties acknowledge that the City may be self-insured. 9.3 Policy Requirements All insurance policies required under this Agreement shall: a) Name the City as an additional insured on all liability policies (except for Workers' Compensation Insurance); b) Provide that the policy cannot be canceled or materially modified without at least thirty (30) days prior written notice to the City; c) Include a waiver of subrogation in favor of the City; d) Be primary and non-contributory with respect to any insurance or self-insurance programs maintained by the City; and e) Be issued by insurance companies licensed to do business in the State of Florida with a financial rating of at least A-VII in the most recent edition of Best's Insurance Reports. 9.4 Certificates of Insurance RFP:25-031R TENNIS 8 PICKLEBALL CENTER SERVICES Operator City of Boynton Beach ' Purchasing Division Operator shall provide the City with certificates of insurance evidencing the required coverage prior to the Commencement Date and upon renewal of any policy. The certificates shall reference this Agreement and confirm compliance with all requirements specified herein. If requested by the City, Operator shall provide complete copies of any required insurance policies. 9.5 Waiver of Subrogation Each Party hereby waives any right of recovery against the other Party for any loss or damage covered by insurance, regardless of whether such loss or damage is caused by the negligence of the other Party. Each Party shall obtain endorsements to its insurance policies as needed to effectuate this waiver of subrogation. 9.6 Compliance with Florida Statutes Operator's insurance shall comply with all requirements of Section 768.28, Florida Statutes, and other applicable laws regarding insurance for contracts with governmental entities in Florida. Operator acknowledges that the City, as a governmental entity, is entitled to sovereign immunity protections and limitations of liability as set forth in Section 768.28, Florida Statutes. 10. INDEMNIFICATION Operator shall indemnify, defend, and hold harmless City and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) Operator's use or occupancy of the Premises; (b) any breach or default by Operator under this Agreement; (c) any negligent or willful act or omission of Operator or its employees, agents, contractors, or invitees; or (d) any injury to person or property occurring on the Premises, except to the extent caused by City's negligence or willful misconduct. Operator shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 11. ALTERATIONS AND IMPROVEMENTS 11.1 Operator's Right to Make Alterations Operator may make non-structural alterations, additions, or improvements to the Premises with City's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Any alterations, additions, or improvements with a cost exceeding $ shall require City's prior written approval of the plans and specifications. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division 11.2 Ownership of Improvements All alterations, additions, and improvements made by Operator shall become the property of City upon termination of this Agreement, unless City requires Operator to remove them as provided in Section 11.3. 11.3 Removal of Improvements Upon termination of this Agreement, City may require Operator to remove any alterations, additions, or improvements made by Operator and to restore the Premises to their original condition, reasonable wear and tear excepted. City shall notify Operator of any such requirement at least thirty (30) days prior to the termination date. 11.4 Trade Fixtures Operator may install trade fixtures, equipment, and personal property on the Premises, which shall remain Operator's property and may be removed by Operator at any time, provided that Operator repairs any damage caused by such removal. 12. ASSIGNMENT AND SUBLETTING 12.1 Prohibition on Assignment and Subletting Operator shall not assign this Agreement, sublet all or any part of the Premises, or permit any other person or entity to use or occupy all or any part of the Premises, without City's prior written consent, which may be withheld in City's sole discretion. 12.2 Change of Control Any change in the ownership or control of Operator that results in a change in the majority ownership or control of Operator shall be deemed an assignment requiring City's consent under Section 12.1. 12.3 No Release of Operator No assignment or subletting, even with City's consent, shall release Operator from its obligations under this Agreement. 13. DEFAULT AND REMEDIES 13.1 Operator's Default Each of the following shall constitute a default by Operator under this Agreement: a) Failure to pay any Base Rent, Revenue Share, or other sum due under this Agreement within five (5) days after the due date; RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator ((j\r‘:' City of Boynton Beach Purchasing Division b) Failure to perform or observe any other covenant, term, or condition of this Agreement, which failure continues for fifteen (15) days after written notice from City (or such longer period as may be reasonably necessary if the failure cannot be cured within fifteen (15) days, provided that Operator commences the cure within the fifteen-day period and diligently pursues it to completion); c)Abandonment or vacation of the Premises for more than fifteen (15) consecutive days; d) Filing of a petition for bankruptcy, insolvency, or reorganization by or against Operator (unless, in the case of a petition filed against Operator, it is dismissed within sixty (60) days); e) Appointment of a receiver or trustee for all or substantially all of Operator's assets; or f) Making an assignment for the benefit of creditors. 13.2 City's Remedies Upon the occurrence of any default by Operator, City may exercise any one or more of the following remedies without limiting any other right or remedy available to City at law or in equity: a) Terminate this Agreement by written notice to Operator, in which case Operator shall immediately surrender the Premises to City; b) Enter upon and take possession of the Premises without terminating this Agreement and without being liable for prosecution or any claim for damages; c) Collect rent from any sublessee and apply it to the amounts due from Operator; d) Perform any obligation of Operator under this Agreement and charge the cost thereof to Operator, plus interest at the rate of % per annum from the date of payment by City; or e) Pursue any other remedy available at law or in equity. 13.3 City's Default City shall be in default under this Agreement if City fails to perform or observe any covenant, term, or condition of this Agreement, which failure continues for thirty (30) days after written notice from Operator(or such longer period as may be reasonably necessary if the failure cannot be cured within thirty (30) days, provided that City commences the cure within the thirty-day period and diligently pursues it to completion). 13.4 Operator's Remedies Upon the occurrence of any default by City, Operator may exercise any one or more of the following remedies, without limiting any other right or remedy available to Operator at law or in equity: a) Terminate this Agreement by written notice to City; or b) Pursue any other remedy available at law or in equity. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator ((jKr 's)- City of Boynton Beach ' Purchasing Division 13.5 Mitigation of Damages Both Parties shall use reasonable efforts to mitigate their damages in the event of a default by the other Party. 14. SURRENDER OF PREMISES 14.1 Condition of Premises Upon the expiration or earlier termination of this Agreement, Operator shall surrender the Premises to City in good condition and repair, reasonable wear and tear excepted, and shall remove all of Operator's personal property, trade fixtures, and equipment. 14.2 Holdover If Operator remains in possession of the Premises after the expiration or earlier termination of this Agreement without City's consent, Operator shall be deemed a tenant at sufferance and shall pay rent at the rate of 150% of the sum of the Base Rent and the average monthly Revenue Share for the preceding twelve (12) months. Such holdover shall not constitute a renewal or extension of this Agreement. 15. NOTICES All notices, demands, requests, or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 With a copy to: City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If to Operator: Attention: RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator _rr): City of Boynton Beach Purchasing Division Either Party may change its address for notices by written notice to the other Party. 16. REPORTING AND COMPLIANCE 16.1 Monthly Reports Within fifteen (15) days after the end of each calendar month, Operator shall provide the City with a written report detailing: a) Gross Receipts and Gross Revenues for the month, itemized by category; b) Number of court reservations and usage rates; c) Number of lessons and clinics provided; d) Membership statistics, including new and terminated memberships; and e) Any other information reasonably requested by the City. This report shall be signed by the Operator, certifying the accuracy of such gross receipts and gross revenues. Any percentage fees or charges due shall be payable upon submission of the report. 16.2 Annual Reports Within sixty (60) days after the end of each calendar year, Operator shall, at its own expense, provide the City with an annual report containing: a) Annual financial statements for the Center's operations, including income statement and balance sheet; b) Comparison of actual results to projected results; c) Summary of capital improvements made during the year; d) Major maintenance and repair activities undertaken during the year; e) Staffing levels and changes; f) Marketing and promotional activities conducted; g) Community programs and events hosted; and h) Goals and objectives for the upcoming year. 16.3 Public Records Compliance Operator acknowledges that this Agreement and all documents related to it are subject to Florida's Public Records Law, Chapter 119, Florida Statutes. Operator shall: a) Keep and maintain public records required by the City to perform the services under this Agreement; b) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator f\r' City of Boynton Beach Purchasing Division duration of the Term and following completion of the Agreement if Operator does not transfer the records to the City; and d) Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Operator or keep and maintain public records required by the City to perform the service. If Operator transfers all public records to the City upon completion of the Agreement, Operator shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Operator keeps and maintains public records upon completion of the Agreement, Operator shall meet all applicable requirements for retaining public records. IF OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OPERATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE: 100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435, 561-742-6060, CITYCLERK(a�BBFL.US. 16.4 E-Verify Compliance Operator shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for a violation of the statute by the Operator, Operator may not be awarded a public contract for a period of one (1) year after the date of termination. 16.5 No Contingent Fees Operator warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Operator, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 16.6 Conflict of Interest Operator 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 the services required under this Agreement. Operator further represents that no person having any such interest shall be employed by Operator during the Term. Operator shall promptly notify the City in writing of any potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence Operator's judgment, or the quality of services being provided hereunder. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator \1\ City of Boynton Beach Purchasing Division 16.7 Non-Discrimination Operator shall not discriminate against any person in its operations, activities, or delivery of services under this Agreement. Operator shall affirmatively comply with all applicable provisions of federal, state, and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, color, religion, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or any other characteristic protected by law. 16.8 Compliance with Employment and Labor Laws Operator shall comply with all applicable federal, state, and local employment and labor laws, including but not limited to: a) Fair Labor Standards Act; b) Equal Pay Act; c) Civil Rights Act of 1964; d) Americans with Disabilities Act; e) Age Discrimination in Employment Act; f) Family and Medical Leave Act; and g) Florida Civil Rights Act. 16.9 Scrutinized Companies By executing this Agreement, Operator certifies that Operator is not participating in a boycott of Israel. The Operator further certifies that Operator is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Operator been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Operator of the City's determination concerning the false certification. The Operator shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Operator shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Operator does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach " Purchasing Division 16.10 Anti-Human Trafficking On or before the effective date of this Agreement, Operator shall provide City with an affidavit attesting that the Operator does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 16.11 Countries of Concern The Operator represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. 16.12 Public Entity Crime Act Operator represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Operator further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Operator has been placed on the convicted vendor list. 16.13 Entities of Foreign Concern The provisions of this section apply only if Operator or any subcontractor will have access to an individual's personal identifying information under this Agreement. Operator represents and certifies: (i) Operator is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date, Operator and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 17. ADDITIONAL PROVISIONS 17.1 Competitive Bidding Acknowledgment Operator acknowledges that this Agreement has been awarded in compliance with applicable procurement laws and the City's procurement ordinances and policies. The City represents that all required competitive bidding or other procurement procedures have been properly followed in connection with the award of this Agreement. 17.2 Bond Requirements RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division If required by the City, Operator shall provide performance and payment bonds in the amount of $ to guarantee Operator's performance under this Agreement. Such bonds shall be issued by a surety company authorized to do business in Florida and approved by the City. 17.3 Compliance with Section 255.05, Florida Statutes For any improvements or construction work exceeding $200,000, Operator shall comply with the public construction bond requirements of Section 255.05, Florida Statutes. 17.4 Compliance with Section 287.0582, Florida Statutes The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the City Commission. 17.5 Local Business Preference Operator shall, to the extent permitted by applicable law, utilize local businesses, contractors, and suppliers in the performance of its obligations under this Agreement. 18. MISCELLANEOUS LEGAL PROVISIONS 18.1 Venue and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 18.2 Waiver of Jury Trial THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 18.3 Sovereign Immunity Nothing contained in this Agreement shall be construed or interpreted as: (1) denying to either Party any remedy or defense available to such Party under the laws of the State of Florida; (2) the consent of the City or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the City beyond the waiver provided in Section 768.28, Florida Statutes. The City expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. RFP 25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division Notwithstanding anything set forth in this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of the City's sovereign immunity or the City's limits of liability as set forth in Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 18.4 Severability If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18.5 No Third-Party Beneficiaries Except as expressly provided herein, nothing in this Agreement is intended to benefit any third party, nor shall any term, provision, covenant, or condition of this Agreement be construed to create any rights in any person or entity not a party to this Agreement. 18.6 Entire Agreement The Agreement between the City and the Operator with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the Parties' mutual agreement set forth in writing and signed by the Parties. 18.7 Materiality and Waiver of Breach Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 18.8 Force Majeure Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, or other similar causes. The Party affected by such force majeure event shall notify the other Party within a reasonable time of the commencement and termination of the force majeure event. The time for performance shall be extended for a RFP:25-031 R TENNIS&PICKLEBALL CENTER SERVICES Operator (ikr City of Boynton Beach Purchasing Division period equal to the duration of the force majeure event, provided that if such period exceeds ninety (90) consecutive days, either Party may terminate this Agreement upon written notice to the other Party. 18.9 Counterparts This Agreement may be executed in any number of counterparts, whether signed physically or electronically, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this Agreement to form one document. 18.10 Time of Essence Time is of the essence in the performance of all obligations under this Agreement. 18.11 Survival Any provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive such expiration or termination and shall remain in effect until all obligations are satisfied. 18.12 Amendments No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 18.13 Headings The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 18.14 No Construction Against Drafter The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 18.15 No Lien The Operator shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Operator. RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator City of Boynton Beach Purchasing Division 18.16 Independent Contractor The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Operator is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. Operator shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 18.17 Attorney's Fees If either Party sues to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 18.18 Representation of Authority Operator represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Operator and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Operator has with any third party or violates applicable law. Operator further represents and warrants that execution of this Agreement is within Operator's legal powers, and each individual executing this Agreement on behalf of Operator is duly authorized by all necessary and appropriate action to do so on behalf of Operator and does so with full legal authority. 18.19 Regulatory Capacity Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to City as a Party to this Agreement. 18.20 Limitation of Liability Notwithstanding any provision of the Agreement to which it is applicable, in no event shall City be liable to Operator for punitive or exemplary damages, lost profits, or consequential damages. (Signatures on following page) RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator , Y pA T � City of Boynton Beach Purchasing Division IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA OPERATOR Rebecca Shelton, Mayor (Signature) Print Name of Authorized Official Approved as to Form: Title Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (Signature), Witness Maylee DeJesus, City Clerk Print Name RFP:25-031R TENNIS&PICKLEBALL CENTER SERVICES Operator EXHIBIT A SCOPE OF SERVICES EXHIBIT B FEE SCHEDULE/ HOURLY RATES ATTACHMENT "A" SEE INSURANCE REQUIREMENTS IN SAMPLE CONTRACT City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of Operator) Thefollowing is a list of types of insurance required of PROPOSERs, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&PROPOSER's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&CollapseProducts- Completed Operations Contractual Independent PROPOSERs Fire Legal Liability Professional Liability Aggregate-$1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other-As Risk Identified to be determined Revised 04/2021 The City of Boynton Beach G` Y o Finance/Procurement Services ` 100 E. Ocean Avenue Boynton Beach, FL 33435 � I P.O. Box 310 °)-A, � Boynton Beach, Florida 33425-0310 TON Telephone: (561) 742-6310 ADDENDUM No. 1 Thursday, April 3, 2025 RFP- 25-031 R - RFP -TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Closing Date: Thursday, April 24, 2025, 3:00 PM This Addendum shall modify and become a part of the original solicitation document. The following clarifications, changes, additions, and/or deletions are hereby made part of the Contract Documents for the above-referenced solicitation. In case of a conflict, this Addendum shall govern. Kindly be reminded that this RFP is currently under a cone of silence. All inquiries must be directed exclusively through the City's e-procurement platform, bids&tenders. Proposers are strictly prohibited from contacting any other City staff or members of the City Commission, except for the designated Procurement Official. The City will add the option to attend the pre-proposal meeting remotely. See the Microsoft Teams Link below: Microsoft Teams Need help? Join the meeting now Meeting ID: 238 459 746 947 Passcode: Xc9t8sp6 Dial in by phone +1 872-215-6235„344451599# United States, Chicago Find a local number Phone conference ID: 344 451 599# For organizers: Meeting options I Reset dial-in PIN CLARIFICATIONS TO PROPOSERS Words in type are deletions from existing text. Words in bold, underlined, and/or s _ ; type are additions to existing text. SECTION II — SCOPE OF WORK (SERVICES) — TERM CONTRACT 2.2 SCOPE OF SERVICES The City of Boynton Beach seeks the services of a professional firm to manage the Tennis and Pickleball Center operations to include the following: staff supervision, professional instruction, classes, rental fees, revenue sharing opportunities, sales of products, promotions, branding, food, and concessions. The Operator must maintain the cleanliness and supply restrooms and pro shop. This may also include the maintenance of the grounds. The successful Operator must have at minimum five (5) years' experience directly managing Tennis and Pickleball facilities. = . . - . - • •• - • . - • ' . SECTION III — SUBMISSION OF PROPOSALS 3.3 DETAILED PROPOSAL 3. Qualifications of Proposers Team and availability of specialty resources Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services, including: a. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as "key contract members". b. Provide resumes for all key project members outlining the relevant experience and education. c. Proposer shall demonstrate financial stability and provide a statement of their financial stability, including information as to current or prior bankruptcy proceedings by providing the following: A copy of the most recent audited annual financial statements containing a balance sheet, an income statement, and a statement of cash flows. The financial statements requested will develop five financial analytical insights, which include the following: a) Working Capital - measures liquid assets that provide a safety cushion to creditors. b) Accounts Receivable — as a percentage of current assets, which will provide information about assets not yet received and therefore unavailable at the present time to be used as resources. c) Receivables to Current Assets - receivables as a percentage of current assets that would reveal the size of receivables in current assets and the opportunity cost associated with it. d) Long Term Debt - measurements representing the percentage of a corporation's assets that are financed with loans and financial obligations lasting more than one year. e) Cash Ratio - an indicator of a company's liquidity by measuring the amount of cash, cash equivalents or invested funds there are in current assets to cover current liabilities. SECTION IV— EVALUATION OF PROPOSALS # I Proposal Evaluation Criteria Points I Weight 1. Technical Experience a. Previous experience managing Tennis and Pickleball 0- 10 10% facilities for Cities or government entities. b. Approach to Running Daily Operations 0 - 10 10% c. Professional Training Certification and Staff 0 - 10 10% Experience d. Financial Stability 0 - 10 25% 2. Visionary Five-Year Plan a. Initial Investment For Facility Facial Upgrades 0 - 10 10% b. Business Plan Model 0 - 10 15% c. Proposer's Outline of Investments, Development, and 0 - 10 15% Future Expansion 3. Proposed Monthly Lease Price Remitted to the City 20 Points 4 Proposed Percentage of Gross Revenue to the City 20 Points 4. a: Revenue-Activity-1 0-1-0 10% Revenue-Activity-2 0-1-0 10% G Revenue-Activity-3 0-10 10% 5 Local Vendor Preference (5 points): 0 or 5 5% 6 Presentations- If requested 0 - 100 25% 4.4 EVALUATION CRITERIA j. Proposed Monthly Lease Payment. This refers to the proposed monthly lease schedule included in the RFP that will be remitted to the City. The City reserves the right to award to the proposer that is seen to be in the City's best interest. (Please note that price is only one factor for consideration for the award.) Submitted proposed monthly lease shall not be subject to change until formal negotiations have begun with a designated firm. . . , Firm A: Proposed Price $20,000 Percentage - 100% X Weight (20) - 20 Points Firm B: Proposed Price $25,000 Percentage - 80% X Weight (20) - 16 Points Firm C: Proposed Price $28,000 Percentage - 71% X Weight (20) - '.".2 Points fee _ Ill — zeo - Firm C's percentage is $20,000 _ $28,000 - 71% of maximum point The monthly lease proposal shall be calculated as follows: • P = Proposer's monthly revenue amount • P max = Highest monthly revenue among all proposals • Score max = Maximum points available for this criterion (e.g.. 30 points1 P Score — x Score„„,; PIllax Example (with 30 points max): If Proposal A = $10,000/month Proposal B = $8,000/month Proposal C = $5,000/month Then with 30 maximum points • Proposal A: (10,000/10,000) x30=30 • Proposal B: (8,000/10,000) x30=24 • Proposal C: (5,000/10,000) x30=15 n. Revenue Sharing Opportunities of 1 to 10 with a 10% weight for each idea for the top three. The proposed cross revenue percentage shall be calculated as follows: P = Proposer's percentage of gross revenue offered to the City P max = Highest proposed percentage among all proposals Score max = Maximum points available for this criterion (e.a.. 30 pointsI Score — P x Score. Pmax Example (with 30 points max): If: • Proposal A= 15% of gross revenue • Proposal B = 12% of gross revenue • Proposal C = 10% of gross revenue Then: • Proposal A: (15/15) x30=30 Points • Proposal B: (12/15) x30=24 Points • Proposal C: (10/15) x30=20 Points o. Presentations- Once Proposers have been shortlisted or ranked, Presentations may be required if needed. The Selection Committee Members will decide make h-e derision to have Presentations or not. The Selection Committee Members will score Presentations on a scale of 0- 2-51OQ points with an additional weight of 25%. Questions and Answers Question 1: Hi, Are we allowed to submit a proposal without attending the Pre-Proposal Conference and Site Visit Meeting? Answer 1: See the advertisement of the RFP. The pre-proposal meeting is not mandatory; however, it is highly encouraged that all interested parties attend. A NON-MANDATORY Pre-Proposal Conference and Site Visit Meeting is scheduled for April 8, 2025, at 10:00 AM and will be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Immediately following the pre-proposal conference, there will be a Site Visit Tour of the Tennis and Pickleball Center. All Proposer are encouraged to visit the site of the management services contract, become aware of all requirements, and be familiar with the scope of the facility and special measurements. That might be required by visiting the facility. Question 2: Hi, Are we allowed to submit a proposal without attending the Pre-Proposal Conference and Site Visit Meeting? Answer 2: See the answer to question number 1. Question 3: Kindly, could you provide us the list of the tenders takers or plan holders... Answer 3: See Attachment A - Current list of Plan Holders from bids&tenders - 4/3/2025 Question 4: Can you please provide the current costs the City pays for utilities and services supplied to the Premises, including but not limited to electricity, gas,water, sewer, telephone, internet, cable/satellite television, security systems, and trash collection? Answer 4: For Recreation charges only (one meter), the approximate cost for electricity is $45K. The Operator would only be responsible for the cost of Electric & Water. City will assume the cost of all other utilities (phone, sewer, trash, security, etc.) Question 5: Can you provide historical revenue figures for the Boynton Beach Tennis Center for the following fiscal years: 2021-2022, 2022-2023, and 2023-2024. Please itemize by revenue category (e.g court fees, permit sales, events, and instruction--clinics, camps, and lessons). Answer 5: See Attachment B— Tennis Center Revenue Question 6: What were the total revenues for years 2022, 2023, and 2024 or the Boynton Beach Tennis Center? Answer 6: FY 2022$323,244; FY 2023 $263,332; FY 24 $221,019 Question 7: What were the total amounts of lease and revenue sharing that was paid to the City in years 2022, 2023, and 2024 from the previous vendor? Answer 7: The City receives 20% of the monthly revenue from (FM Tennis, S. Goodman Services, and Ron Shapiro). LAT participants pay $15 per participant per day, and the Department grossed from the following months: January$1,215, February$5,385, and March $5,430. There is currently no monthly split;it is just calculated at$15 per participant per day. Question 8: Is there any existing equipment, specifically, any clay court maintenance equipment that is the property of the City that the successful vendor would be able to use? Answer 8: The Operator would have to bring and use their own equipment for the court maintenance. Question 9: Are ALL maintenance costs the responsibility of the successful vendor, including all resurfacing projects? If yes, is the successful vendor able to apply for grants themselves to help with these costs? Answer 9: The Operator would have to bring and use their own equipment for the court maintenance. The City would apply for grants for these projects. Question 10: Does the City or the vendor pay for the lights? What other expenses associated with the operations of the tennis center fall on the vendor ( other than maintenance costs)? Water? Electric? Phone? Answer 10: -See question #4. Question 11: If we are an out of state company ( in GA and CA) and we are reinstating our business license in the state of FL, is it acceptable to show that we have submitted for reinstatement? I am not sure how long it will take to receive the official current registration. Answer 11: The City will allow the Proposers to submit proof of application with Sunbiz with submission. The Operator must obtain the finalized approval through Sunbiz before the Operator contract is presented to the City Commission. Question 12: Is the City only asking for 3 specific forms of revenue share activities? Is it acceptable to bid one revenue share amount based on ALL revenue activities? Would that adversely affect our scoring based on the Evaluation Criteria? Answer 12: See the Revision to SECTION IV — EVALUATION OF PROPOSALS outlined above. Question 13: Are all revenue share payments made monthly as well as the flat lease payment? Answer 13: Yes, that is the intent of the City. Question 14: Is it the expectation of the City that the vendor to pays 100% of all maintenance costs, including resurfacing, a flat lease payment, and also 3 forms of revenue share? Answer 14: Yes, to the lease. See the revision to the percentage of gross sales outlined above. Question 15: In Section j. Proposed Monthly Lease Payment; the sample formula given lacks clarity. Is there any more information that can be provided to help make this make more sense? Answer 15: See revised 4.4 EVALUATION CRITERIA above • P = Proposer's monthly revenue amount • P_max = Highest monthly revenue among all proposals • Score_max = Maximum points available for this criterion (e.g., 30 points) Score — P x Score,l,;i,; Example (with 30 points max): If Proposal A = $10,000/month Proposal B = $8,000/month Proposal C = $5,000/month Then with 30 maximum points • Proposal A: (10,000/10,000) x30=30 • Proposal B: (8,000/10,000) x30=24 Proposal C: (5,000/10,000) x30=15 Question 16: Based on the Proposal Evaluation Criteria, there is a possible 120 points total a vendor can get. Is that correct? Answer 16: See the Revision to SECTION IV— EVALUATION OF PROPOSALS outlined above. The proposer can receive up to 110 points with the weights outlined above. The evaluation committee may opt to see presentations, which would be worth an additional 100 points with a weight of 25%. Question 17: The RFP does not list a specific timeline. Is the City flexible on a start date? When is it ideal for the awarded vendor to begin operations? Answer 17: The City would like for the Operator to start the contract by July 1, 2025, pending approval from the City Commission. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services The City of Boynton Beach G`-.y p Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 m r P.O. Box 310 o/y T8<v Boynton Beach, Florida 33425-0310 p N Telephone: (561) 742-6310 ADDENDUM No. 2 Tuesday, April 15, 2025 RFP- 25-031 R - RFP -TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Closing Date: Wednesday, May 7, 2025, 3:00 PM The City hereby extends the deadline for RFI questions to Wednesday. April 21. 2025, 5:00 PM. The City hereby extends the deadline for this RFP to close on Wednesday. May 7. 2025. 3:00 PM. We sincerely appreciate the participation of all interested parties in this solicitation. This Addendum shall modify and become a part of the original solicitation document. The following clarifications, changes, additions, and/or deletions are hereby made part of the Contract Documents for the above-referenced solicitation. In case of a conflict, this Addendum shall govern. Kindly be reminded that this RFP is currently under a cone of silence. All inquiries must be directed exclusively through the City's e-procurement platform, bids&tenders. Proposers are strictly prohibited from contacting any other City staff or members of the City Commission, except for the designated Procurement Official. CLARIFICATIONS TO PROPOSERS Words in dough type are deletions from existing text. Words in bold. underlined, and/or red type are additions to existing text. Add: Attachment C -Tennis Center Average Utility Bill Service Address: 3111 S Congress Ave A report showing billing and consumption history is outlined in attachment C. Please note that the water meter was replaced on February 15, 2025, as part of our Meter Replacement Proiect. The previous meter had reached the end of its service life, although it was still functioning properly. Consumption from the new meter appears consistent with historical usage. To calculate the average monthly billing, the City used data from September 2023 to August 2024.excluding periods when the facility was shut down to ensure a more accurate reflection of typical usage: Average Monthly Billing: $333.91 Add: Attachment D - Tennis Center Electric Bill Service Address: 3111 S Congress Ave Average $2,244.94 with 109 KWD monthly SECTION III — SUBMISSION OF PROPOSALS 3.3 DETAILED PROPOSAL 2. Proposer's Qualifications e. Identify any sub-Operator you propose to utilize to supplement your Firm's staff. (Maximum of 4 pages) Resumes needed from the Prime proposer. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services The City of Boynton Beach Finance/Procurement Services 0-CYO� 100 E. Ocean Avenue Boynton Beach, FL 33435 o - - V P.O. Box 310 �4, 4 Boynton Beach, Florida 33425-0310 TON Telephone: (561) 742-6310 ADDENDUM No. 2 Monday, April 28, 2025 RFP- 25-031 R - RFP -TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Closing Date: Friday, May 23, 2025 @ 3:00 PM This Addendum shall modify and become a part of the original solicitation document. The following clarifications, changes, additions, and/or deletions are hereby made part of the Contract Documents for the above-referenced solicitation. In case of a conflict, this Addendum shall govern. Kindly be reminded that this RFP is currently under a cone of silence. All inquiries must be directed exclusively through the City's e-procurement platform, bids&tenders. Proposers are strictly prohibited from contacting any other City staff or members of the City Commission, except for the designated Procurement Official. THE DUE DATE FOR RFI QUESTIONS HAS BEEN EXTENDED TO FRIDAY, MAY 9, 2025 (a. 5:00 PM THE DUE DATE FOR THE QUALIFICATION PACKAGE HAS BEEN EXTENDED TO FRIDAY, MAY 23, 2025 a( .. 3:00 PM The City has revised the insurance limits for the contract. ADD: Attachment E: Revised Insurance Limits Required for RFP - Insurance Bovnton-Revised 04-25-25 If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services The City of Boynton Beach G`T y o Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 2 P.O. Box310 ‹v Boynton Beach, Florida 33425-0310 'to N Telephone: (561) 742-6310 ADDENDUM No. 4 Wednesday, May 7, 2025 RFP- 25-031 R - RFP -TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Closing Date: Friday, May 23, 2025 @ 3:00 PM This Addendum shall modify and become a part of the original solicitation document. The following clarifications, changes, additions, and/or deletions are hereby made part of the Contract Documents for the above-referenced solicitation. In case of a conflict, this Addendum shall govern. Kindly be reminded that this RFP is currently under a cone of silence. All inquiries must be directed exclusively through the City's e-procurement platform, bids&tenders. Proposers are strictly prohibited from contacting any other City staff or members of the City Commission, except for the designated Procurement Official. THE DUE DATE FOR RFI QUESTIONS REMAINS FRIDAY, MAY 9, 2025 5:00 PM THE DUE DATE FOR THE QUALIFICATION PACKAGE REMAINS FRIDAY, MAY 23, 2025 (a. 3:00 PM Add: Plan Holders List - 5-7-2025 If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services Company Name Primary Contact Email Submission Status Agape Tennis Academy Pazahanick,Amy amy@agapetennisacademy.com In Progress Axis Tennis LLC Khan,Shariq shariq@axistennis.net Registered Baral Group,LLC Baraldi,Ricardo ricardo@baralinc.com Registered Bernabe Tennis Academy,LLC Bernabe,Nestor nestortennis@gmail.com Registered BidPrime Tanner,Justin jtanner@bidprime.com Registered FM Tennis LLC Flanagan,Brandon brandon@fm-tennis.com Registered Gorin Tennis Academy Billios,Dimitrios dimitrios@gorintennis.com Registered HZIP LLC BRIGHT,LINA LINABRIGHT2010@GMAIL.COM Registered 1CD Sports Group DOLL,CYNTHIA cindy@jcdsportsgroup.com Registered Kaizen Laboratories Inc. Jones,David rfp@kaizenlabs.co Registered Karevoyance LLC El-Kheddiwi,Britt Britt@karevoyance.com In Progress Miami Shores Village Rockfeld,Donna rockfeldd@msvil.gov Registered MVA Power Inc Hadid,Marc tender@mvapower.com Registered Pwxpress Miller,Mary bids@pwxpress.com Registered shirtsnthingsinc Chorba,3305131 shirtsnthingsinc@gmail.com Registered Sports Facilities Companies Baumgartner,Jamie jbaumgartner@sportsfacilities.com Registered TriTennis Wolfe,Lew lwtal0s@gmail.com Registered USA Pickleball-Phoenix,AZ Schmits,Carl cschmits@usapickleball.org Registered The City of Boynton Beach GNI Y O Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 131 • U P.O. Box 310 47 Boynton Beach, Florida 33425-0310 rO N Telephone:(561) 742-6310 ADDENDUM No. 5 Monday, May 12, 2025 RFP- 25-031R - RFP - TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Closing Date: Friday, May 23, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. THE DUE DATE FOR THE PROPOSAL PACKAGE REMAINS FRIDAY, MAY 23, 2025 @ 3:00 PM Question 1: How many current coaches are teaching out of the Boynton Beach Tennis and Pickleball Center? Answer 1: Currently, the City of Boynton Beach has a total of (3) contractual instructors for the tennis and pickleball center. Question 2: Is the successful vendor able to purchase the clay court maintenance equipment from the City? Answer 2: The vendor shall be responsible for purchasing any clay court maintenance equipment required to properly maintain the courts. The City would be open to the Operator purchasing the clay court maintenance equipment before signing the term contract. Question 3: In the last three years, the center has only made an average of $269,198 in gross revenues per year. This is extremely low. Does the City believe the center has a lot more potential for growth? Has the center ever grossed more than $500,000 in revenues in any given year? Answer 3: The City of Boynton Beach believes there is significant potential to increase revenue from this location, which is the primary reason for issuing this RFP. We encourage proposers to present their most compelling and advantageous proposals for the City's consideration. Question 4: How much revenue has the City made this year, January 1 — May 1, 2025? Answer 4: The current revenue for January 1- May 1, 2025, is $61,894 Question 5: How many court reservations has the City had in 2023, 2024, and so far in 2025? Answer 5: Currently, reservation reports are not available for the Tennis and Pickleball Center because memberships are sold on-site. Members are allowed to use any available courts during their visit. Question 6: What are the current membership rates and court rental fees. Include all membership types and all court rental fees. Also, what are the current rates for hourly lessons, hourly clinics and hourly programs. Also, what are the summer camp rates daily and weekly? Answer 6: Current membership, hourly lessons, program, and camp rates are listed below. Rates include both resident and non-resident fees Resident Non-Resident Har- Tru 12.00 15.00 Composite 8.00 10.00 Junior(13 8 under) 8.00 10.00 Pickleball(daily) 5.00 7.00 Discount Pickleball Pass (24 visits) 50.00 65.00 Ball Machine Rental 16.00 20.00 Light Fee (per court) 12.00 12.00 Tennis-Individual Annual 310.00 470.00 Tennis- Family Annual 465.00 705.00 Pickleball-Individual Annual 250.00 375.00 Adult Leagues (7 weeks) 45.00 55.00 Summer Camp Jr. (10am-1 pm M-F) 200.00 250.00 Tennis Tournament(per court per day) 120.00 120.00 Description Price 1 hr lesson $60.00/$60.00 1/2hr lesson $30.00/$30.00 Team Drill $70.00/$70.00 Adult Clinic $13.00/$13.00 Intense Tennis $25.00/$25.00 1 Hr Lesson $80.00/$80.00 Description Price 1/2 hr lesson $45.00/$45.00 Clinic $25.00/$25.00 Cardio 1 HR $20.00/$20.00 Jr-Red Ball $15.00/$15.00 Jr-Orange $20.00/$20.00 Jr-Green $20.00/$20.00 Pickleball-Beginner $20.00/$20.00 Pickleball-Beginner $25.00/$25.00 Pickleball-Inter/Adv $20.00/$20.00 Pickleball-Inter/Adv $25.00/$25.00 Teen Lesson $35.00/$35.00 1 hr lesson $80.00/$80.00 1/2 hr lesson $40.00/$40.00 Round Robin $13.00/$13.00 3/4 hr Lesson $60.00/$60.00 Cardio Tennis $12.00/$12.00 Stroke of the WK $15.00/$15.00 Dbls Mixer $13.00/$13.00 Clinic/CLASS $20.00/$20.00 Question 7: Facility infrastructure: When was the last lift performed on the clay tennis courts? Lift means removal of a top layer and replacement with a new one. There many version of lifts, example 1-ton, 2-ton, 10-ton. This will help me understand some investment required. Also, when was the last resurfacing performed on the hard courts and pickleball courts? When were the fences last installed and painted? Answer 7: Tennis court resurfacing was completed in 2021, followed by pickleball court resurfacing in 2022, during which existing tennis courts were converted into six picklebal/ courts. Additional work was completed in 2022, with the replacement of 2 tons of material after each lift. In 2024, the hard courts were refurbished, with all courts receiving top dressing in 2,000 lbs. of material. Question 8: Florida is in a major hurricane zone. Will the city assume partial or full rebuild cost associated with complete devastation or inability to operate? Answer 8: If a major hurricane occurs, the City would be responsible for rebuilding the tennis courts and the facility. Question 9: The RFP contract mentions a minimum yearly total payment to the city. Will this be applicable in this case? Answer 9: If there were a major hurricane and the entire facility was wiped out, the Operator would not be responsible for further payment, as they could not operate the facility. This would be addressed in the final contract. Question 10: The RFP package does not mention a security deposit. Is there one? Answer 10: Apologies, this was not addressed in the RFP and only in the sample contract. A $5,000 security deposit will be required at signing this contract. See Section 4 of the sample contract. Question 11: What is the city's expected start date once a winning bid is approved/certified? Answer 11: The start date is now August 2025 Question 12: References in the RFP mention an initial investment from the Operator. As the facility has undergone a major renovation in late 2024, what initial investment is expected from the Operator? Answer 12: The City of Boynton Beach is currently committed to improving recreation facilities. Any initial investment will be minimal, as the facility was recently renovated. Question 13: Hello from South Carolina! I would like to confirm items read in the RFP package. I understand the operator bears most/all costs. What costs, if any, will the city assume during the 5-year term? Answer 13: The City of Boynton will maintain the facility and landscaping, in addition to any approved upcoming capital improvement projects. If you have any further questions or require additional clarification, please submit them to the purchasing representative through the bidding system only by clicking on the "Submit a Question" button for this specific solicitation. Sincerely, City of Boynton Beach Financial Services The City of Boynton Beach o'r Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 2 P.O. Box 310 p U Boynton Beach, Florida 33425-0310 i" Telephone: (561) 742-6310 TO N 6 ADDENDUM No. 6 Monday, May 12, 2025 RFP- 25-031 R - RFP -TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Closing Date: Friday, May 23, 2025, 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. THE DUE DATE FOR THE PROPOSAL PACKAGE REMAINS FRIDAY, MAY 23, 2025 @ 3:00 PM If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. REVISE: SECTION I — INSTRUCTIONS TO PROPOSERS—SUBMISSION REQUIREMENTS 1.12 EXECUTION OF SOLICITATION DOCUMENTS Proposal submissions to this solicitation must contain a manual or digital signature of an authorized representative in the space provided on all affidavits and proposal sheets. Sincerely, City of Boynton Beach Financial Services EXHIBIT 2 FM TENNIS PROPOSAL RFP- 25-031 R - RFP - TENNIS & PICKLEBALL CENTER MANAGEMENT SERVICES (OPERATOR) Opening Date: March 23, 2025 6:33 PM Closing Date: May 23, 2025 3:00 PM Vendor Details Company Name: FM Tennis LLC Does your company conduct business under any other name?If FL yes, please state: 3600 S CONGRESS AVE Address: STE K Boynton Beach, FL 33426 Contact: Brandon Flanagan Email: brandon@fm-tennis.com Phone: 518-429-9323 Fax: 518-429-9323 HST#: 47-4626661 Submission Details Created On: Monday May 12,2025 17:46:00 Submitted On: Friday May 23,2025 14:33:07 Submitted By: Brandon Flanagan Email: brandon@fm-tennis.com Transaction#: e0f67053-3a92-4fae-8ba0-dcd2d85daebc Submitter's IP Address: 147.243.183.40 Bid Number: RFP- 25-031R 1 Vendor Name: FM Tennis LLC Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices,and/or lump sums, hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it, leave the table and/or line item blank.Do not enter a$0.00 dollar value. Proposed Monthly Lease over 60 Months (5 YEARS) j. Proposed Monthly Lease Payment. This refers to the proposed monthly lease schedule included in the RFP that will be remitted to the City. The City reserves the right to award to the proposer that is seen to be in the City's best interest. (Please note that the proposed monthly lease amount is only one factor for consideration for the award.) The proposed monthly lease shall not be subject to change until formal negotiations have begun with a designated firm. r We will not be submitting for Proposed Monthly Lease over 60 Months(5 YEARS) Line !Description Amount' !Months Total over 5 years Item 1 Proposed Monthly Lease to the 1$4,247.3090 60 $254,838.54 City Subtotal: $254,838.54 Bid Number: RFP- 25-031R 2 Vendor Name: FM Tennis LLC Proposal Percentage for Revenue Share The proposed gross revenue percentage shall be calculated as follows; P= Proposer's percentage of gross revenue offered to the City P_max= Highest proposed percentage among all proposals Score_max= Maximum points available for this criterion(e.g..30 points) Score— \ P ') x Score, Puwx Example(with 30 points max); lf; • Proposal A= 15%of gross revenue • Proposal B= 12%of gross revenue • Proposal C = 10%of gross revenue Then: • Proposal A: (15/15) x30=30 Points • Proposal B: (12/15) x30=24 Points • Proposal C: (10/15)x30=20 Points Description of Services Unit Quantity Description of Revenue Activity Price for Deliverable' Percentage to City Revenue Activity 1 1 Lessons, clinics, camps, court reservations, court $8,287,298.1500 3% rentals, memberships, tournaments, equipment rental, and merchandise sales. Summary Table Bid Form Amount Proposed Monthly Lease over 60 Months(5 YEARS) $254,838.54 Subtotal Contract Amount: $254,838.54 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses. r We will not be submitting for Confirmation of Minority Owned Business Description Response' Comments Is your company a Minority Owned business? Please select the appropriate response Do you possess a certification qualifying your business as a Minority Owned business? Issuing organization name Date of Issuance Letter of Interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. Bid Number: RFP-25-031R 3 Vendor Name: FM Tennis LLC Line Description Response Item 1 The Letter of Interest shall summarizes the Proposers Members of the Selection Committee: primary qualifications and a firm commitment to provide the proposed services. FM Tennis has had the distinct privilege of serving as a contractor for the City of Boynton Beach at the Tennis and Pickleball Center since 2019. During that time, we've developed strong relationships with the Center's patrons—an exceptional group of individuals who share our passion for tennis and pickleball. Since beginning our partnership with the City, FM Tennis has expanded to serve 12 additional local clubs, communities, and organizations. Through a commitment to professionalism, integrity, and innovation, we've become the leading racquet sports management company in South Florida. The Boynton Beach Tennis and Pickleball Center deserves an elite management team— one capable of transforming it into the world-class facility the community expects and deserves. FM Tennis is uniquely qualified to lead that transformation. Our experience managing public facilities, our deep knowledge of the Center itself, our strong existing relationships with its users, and our well-established local network of clubs, schools, coaches, and players all position us to take the Center to the next level. In the pages that follow, our comprehensive proposal outlines how we will manage day- to-day operations, fund significant capital improvements, enhance services for residents, collaborate with City staff, and create meaningful community impact. We begin with the most critical component: improving the quality and playability of the facility's Har-Tru courts. Providing a safe, well-maintained, and visually appealing playing surface is essential. Our plan includes resurfacing all Har-Tru courts, upgrading the irrigation system, and instituting daily maintenance protocols under the leadership of our Director of Racquet Sports, Kurt Robinson. With his expertise in clay court maintenance, our courts will consistently meet the highest standards of play. Beyond the courts, we are also proposing an initial investment in updated court accessories and amenities, improved aesthetics throughout the facility, and a refreshed Pro Shop stocked with branded merchandise, accessories, and a Wilson Baiardo stringing machine—the gold standard in racquet stringing technology. Looking further ahead, our five-year vision includes converting Tennis Court 19 into four lighted pickleball courts, complete with spectator seating. This project will meet growing demand for pickleball by expanding evening play opportunities and increasing capacity. It will also support revenue generation through memberships, clinics, lessons, and tournaments. Additionally, the existing six pickleball courts will be upgraded with new partitions, fresh paint, and enhanced fencing. To support and sustain these initiatives, our business and marketing plan is backed by strategic partnerships designed to ensure strong programmatic and financial performance. One key element is our proposed collaboration with LAT Tennis Academy, a Boynton Beach-based business with 16 years of success in developing elite players and scholar-athletes. LAT's involvement will bring consistent court rental income and ensure year-round usage, adding both financial strength and community value. We are also proud to include the support and ongoing involvement of Susan Goodman, the longest-serving tennis professional at the Center. With 40 years of experience and deep ties to the women's league community, Susan's continued leadership will help maintain a stable base of long-term permit holders. To further extend our impact and benefit underserved populations, we have secured partnerships with three respected nonprofit organizations: The Delray Beach Youth Tennis Foundation, Love Serving Autism, and GreatBase Tennis Education. Each organization will bring programming that supports underprivileged youth and individuals with developmental disabilities. All three are committed to growing their missions at the Tennis and Pickleball Center. Each of the individuals and organizations mentioned has submitted a signed Letter of Intent as a testament to their commitment and support of this proposal. In the sections that follow, we'll provide greater detail about our team's qualifications, operational strategy, revenue potential for the City, and the community-wide benefits of this plan. We sincerely appreciate the opportunity to submit our proposal and thank you for your time and consideration. Sincerely, Brandon Flanagan Managing Partner, FM Tennis Bid Number: RFP- 25-031R 4 Vendor Name: FM Tennis LLC Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Is the business Does the business have a located within business tax receipt is the business registered the City limits of issued in the current with the Florida Division Number of years in business Business license number Boynton Beach, year? of Corporations? Florida? a Yes a Yes a Yes 9 years and 10 months BB BTR: 22-00056380 & 22- r No r No r No 00056370 PBC LBTR: 2021141483 Bid Number: RFP- 25-031 R 5 Vendor Name: FM Tennis LLC Qualifications and Experience/Ability of Professional Personnel Description Response" Describe the experience and qualifications of all key FM Tennis, LLC is led by Managing Partners Allington and Brandon, who bring over Proposer and Sub-Proposer players. 20 years of combined experience operating racquet sports facilities and programming throughout South Florida. FM Tennis has served as the City of Boynton Beach's contractor at the Tennis and Pickleball Center since 2019. Kurt Robinson, Director of Racquets, brings a strong background in player development and program leadership. He oversees all racquet sports operations and instructional programming. The instructional team includes 10 certified teaching professionals with experience in youth development, adult clinics, and competitive training. The leadership's deep familiarity with the facility and its patrons ensures efficient, high-quality service delivery. Summarize the quality of the firm's support personnel and FM Tennis maintains a stable and professional staff structure, many of whom have continuity of staff. been part of the Boynton Beach Tennis and Pickleball Center since 2019. The team includes a dedicated Pro Shop Manager, three part-time front desk clerks, and two full- time maintenance professionals. This continuity has contributed to strong community relationships and operational consistency. The firm is further supported by corporate personnel who manage marketing, administrative, and customer service functions— ensuring that the onsite team is well-equipped and that operations are carried out smoothly. Describe the ability to perform additional services and FM Tennis is fully capable of delivering a range of supplementary services including provide technical support throughout engagement. tournament management, junior and adult league coordination, memberships, private lessons, racquet stringing, and on-site merchandise and beverage retail. We have successfully implemented digital court reservations, email marketing through Constant Contact, and SEO-optimized web strategies to boost visibility. Our team can scale programs, adapt quickly, and integrate new technologies as needed to meet demand and City expectations. Explain the ability to meet set standards. FM Tennis has consistently met or exceeded the City of Boynton Beach's standards since 2019, offering well-organized, inclusive programming and maintaining high customer satisfaction. Our teaching staff are USPTA, PTR, or PPR certified and trained in safety and customer service protocols. Internal audits and customer feedback systems are in place to ensure operational excellence, and our team is well-versed in ADA compliance, risk management, and public-facing expectations of a municipal facility. Provide evidence of a capable and well-organized FM Tennis has an experienced and structured team in place to manage the facility engagement team and management plan. effectively. The engagement team includes: Kurt Robinson, Director of Racquets – overseeing programming, staff, and instruction Pro Shop Manager – responsible for daily customer service, retail operations, and inventory Three part-time clerks – supporting front desk and customer transactions Two full-time maintenance staff– ensuring courts and facilities remain safe and presentable Allington and Brandon, Managing Partners – providing strategic, operational, and financial oversight The team follows a documented management plan, including staffing schedules, performance benchmarks, and regular communication protocols with City staff. FM Tennis also uses digital tools to streamline scheduling, program management, and reporting, ensuring a smooth, transparent, and accountable operation. OFFEROR'S QUALIFICATION STATEMENT Line Description Response Item 1 How many years has your organization been in business 9 years and 10 months under its present name? 2 If Vendor is operating under Fictitious Name, submit FM Tennis LLC d/b/a FM Tennis Performance Center evidence of compliance with Florida Fictitious Name Statute. REGISTRATION NUMBER: G25000067360 3 Under what former name (s) had your business operated? Flanagan Mutimer Tennis Academy LLC Also list former address(es) of that business, if any. 11501 El Clair Ranch Road Boynton Beach, FL 33437 4 Have you ever been disbarred or suspended from doing No business with any governmental entity? If Yes, explain. 5 Are you licensed? If Yes, attach copy of license to Yes submission package. 16 Has your company ever declared bankruptcy? If Yes, explain. INo Bid Number: RFP- 25-031R 6 Vendor Name: FM Tennis LLC SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT,execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The CITY shall provide notice, in writing,to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term,CONSULTANT shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,as amended from time to time. Description (Response• Item 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above r. Yes and Will Abide by Everything Outlined in this Section. r No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla.Stat.,Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1,2021.Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement.City,Contractor,or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat.or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such.Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor,Contractor may not be awarded a public contract for at least one(1)year.Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response- 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By r. Yes Everything in this Section. r No Bid Number: REP-25-031 R 7 Vendor Name: FM Tennis LLC References 1. References— Past Performance Provide a list of three(3)governmental agency references or similar contracts for which the Proposer has completed or is in progress within the past ten(10)years with the following information: 2. Name of Agency 3. Address 4. Contact Name, Email Address 5. Telephone Number The City is interested in learning about other firms'or government agencies'experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or desionee may email or call each reference uo to three (3)times. If there is no answer after the third attempt.the City mav_apoly no points for that oroiect experience. I Description 'Reference 1 -Completed or In Progress' I Reference 2-Completed or In Progress I Reference 3-Completed or In Progress (Company Name The City of Lighthouse Point The Delray Beach Club IGL Homes Address 4521 NE 22nd Ave, Lighthouse Point, FL 2001 S. Ocean Blvd 1600 Sawgrass Corporate Pkwy Suite 33064 Delray Beach, FL 33483 400, Sunrise, FL 33323 (Contact Name (Becky Word Tracy Bradbury (Andrea Dougherty (Phone 1954-234-0200 1239-961-1048 1954-650-7978 Email Iblysengen@lighthousepoint.com 1tbradbury@thedelraybeachclub.com 1Andrea.Dougherty@glhomes.com Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Schedule of Sub-Consultants The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors, if required. If not applicable or if no-subconsultants will be used in the performance of this Work,write"Not-Applicable"or"NONE"across the form. G By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s)and the Bidder shall perform the project with their "OWN FORCES" Line Name of Sub-Consultant Address of Sub-Consultant License No.' 'Contract Amount Percentage(%)of Contract Item 11 I I I I Documents Ensure your submission document(s)conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the zipped file Bid Number: RFP- 25-031R 8 Vendor Name: FM Tennis LLC contains more than one(1)document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. SECTION III—SUBMISSION OF PROPOSALS 1. GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this RFP.As such,the substance of the Proposal will carry more weight than its length,form,or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Operator and the particular staff to be assigned to this engagement. It should also specify an approach that will meet or exceed the RFP requirements. The selected Operator(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically,consistent with the City's needs.Additionally,the Operator will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 2. CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates,licensing,or business permits related to the Work specified in the scope of work with their proposals. 3. DETAILED PROPOSAL Each of the seven(7)sections listed below shall be completed online through the e-procurement system. ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE 1. Letter of Interest The Letter of Interest shall summarize the Proposer's primary qualifications and a firm commitment to provide the proposed services. 2. Proposer's Qualifications • Complete and submit the Proposer's Qualification Statement. • Proof of authorization(SUNBIZ)from the Florida Secretary of State to transact business in the State from prime and supporting firms. • Describe the Firm and provide a statement of the Firm's qualifications for performing requested consulting services within South Florida. • Identify the services that your Firm's staff would complete and those provided by sub-Operator,if any. • Identify any sub-Operator you propose to utilize to supplement your Firm's staff.(Maximum of 4 pages) • If the Principal place of business is different than the location specified in the Proposer's Qualification Statement,then the Operator shall specify the office location where each project will be managed and produced. • Business and Marketing Plan Model • Proposer Outline of Investments, Development,and Future Expansion • Revenue Sharing Opportunities • (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) 3. Qualifications of Proposers Team and availability of specialty resources • Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services, including: • An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager,Project Manager,and primary Project Professional.These project team members are hereafter referenced as"kev contract members". • Provide resumes for all key project members outlining the relevant experience and education. Bid Number: RFP-25-031R 9 Vendor Name: FM Tennis LLC 4. Current and Projected Workload of the Operator(by office local, if applicable) • Provide quantitative data that clearly indicates the ability of the Proposer and if selected Operator to devote the necessary time and resources to successfully complete the service. Current and projected workload data shall be provided for each key project member as follows: • Current contract listing and remaining labor commitments. • Historically,describe the typical number of contracts handled by the Proposer's key project managers at any given time. • Projected workload of project management activities as defined in the scope of services. • Identify any sub-Operator firms providing significant services that may be assigned more than five(5%)of the work. 5. References—Past Performance -Completed Online Provide a list of three(3)governmental agency references or similar contracts for which the Operator shall completed or is in progress within the past five(5)years with the following information: Name of Agency Address Contact Name,Email Address Telephone Number The City is interested in learning about other firms'or government agencies'experiences with your firm;as such,please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City.or their desianee will be contacting them for information. Selection Committee Members or designee may email or call each reference up to three (3)times. If there is no answer after the third attempt.the City may apply no points for that project experience. 6. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed,signed and notarized when required and submitted. In addition,all other request and supporting documentation should be included. • Operator Qualification Statement—Upload Online • Non-collusion Affidavit of Operator—Upload Online • E-Verify Form Under Section 448.095—Upload Online • Certification Pursuant to Florida Statute§287.135-Upload Online • Anti-Kickback Affidavit—Upload Online • Affidavit of Compliance with Foreign Entity Laws-Upload Online • Affidavit of Compliance with Anti-Human Trafficking Laws-Upload Online • Operator Acknowledgement—Online Acknowledgement • Addenda Acknowledgement—Online Acknowledgement • Confirmation of Minority-Owned Business-Online Form • Confirmation of Drug-Free Workplace-Online Acknowledgement • Palm Beach Inspector General-Online Acknowledgement • Local Business Certification-Supplier Must Present copy of Certification. • Statement of non-submittal(if applicable)-Online Form • Schedule of Sub-Operator—Upload listing,if applicable. • Submit current Florida Professional License(s), including evidence of possession of required licenses—Attach and Upload • Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment.—Attach and Upload • Submit any Supplemental information relative to this RFP—Attach and Upload 7. Proposed Revenue Proposal Sheet is a separate document where Proposers will input the proposed revenue share for this contract. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Bid Number: RFP-25-031 R 10 Vendor Name: FM Tennis LLC • Letter of Interest-Letter of Interest.pdf-Thursday May 22, 2025 17:32:07 • Pr000ser's Qualifications-Proposer's Qualifications.pdf-Thursday May 22, 2025 17:34:27 • Qualifications of Proposers Team and availability of specialty resources-Qualifications of Proposer Team.pdf-Thursday May 22, 2025 17:36:26 • Current and Proiected Workload of the Operator(bv office local. if applicable)-Workload Capacity Statement BBTC Proposal.pdf-Friday May 23,2025 13:54:16 • Submittal of General Information and Procurement Forms and Documents-FM Tennis Signed Proposal Documents BBTC.pdf-Friday May 23,2025 14:14:49 • Any Extra Information Proposer Would Like to Add-Proposal Docs BBTC 2.pdf- Friday May 23, 2025 14:30:17 • Additional Document-FM Tennis Proposal pp. 1-78.pdf-Thursday May 22, 2025 17:43:16 Bid Number: RFP- 25-031R 11 Vendor Name: FM Tennis LLC Addenda&Declarations SECTION V—STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach("City"),the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement.The term"vendor,"as used below, may collectively apply to vendors, bidders, proposers,consultants,contractors, subcontractors,and subconsultants. 1. FAMILIARITY AND COMPLIANCE WITH LAWS,CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers shall comply with all federal,state,and local laws,ordinances,and regulations applicable to the services contemplated herein,including those applicable to conflict of interest and collusion. Proposers must familiarize themselves with all federal,state,and local laws,ordinances,codes,and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Proposer shall not be a cause for relief from responsibility. 2. NON-COLLUSION Proposer shall not collude,conspire,connive,or agree,directly or indirectly,with any other proposer,firm,or person to submit a collusive or sham response in connection with the work for which the response has been submitted or to refrain from responding in connection with such work or have in any manner,directly or indirectly,sought by a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit,or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work.The proposer certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 3. LEGAL CONDITIONS Proposers are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and Ordinances of the City of Boynton Beach. 4. CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County,of the State of Florida. 5. ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices proposal in this solicitation. If additional quantities are not acceptable,the price proposal sheets must be noted: "PROPOSAL IS FOR SPECIFIED QUANTITY ONLY". 6. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder,the decision of the City Manager shall be final and binding on both parties. 7. LEGAL REQUIREMENTS: Proposer shall comply with all Federal,State,County,and City laws,ordinances,rules,and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. Bid Number: RFP-25-031R 12 Vendor Name: FM Tennis LLC 8. ON PUBLIC ENTITY CRIMES All Request for Proposals as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes,and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a)of Section 287.133, Florida Statutes,which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 9. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 10. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 11. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material,equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment,etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery,all costs necessary to bring the materials,equipment,etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors,agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 12. PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer and, if awarded Consultant, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant and lower-tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its sub-consultants or lower-tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 13. OTHER AGENCIES Any Agreement(s)resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices,terms,and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality,or agency, nor will any city,county municipality, or agency be obligated for any bills incurred by any other city, county, municipality,or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Proposer(s). 14. VENUE AND GOVERNING LAW: Bid Number: RFP- 25-031R 13 Vendor Name: FM Tennis LLC Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 15. NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT • The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. • During the performance of the Agreement,the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race,color,sex,including pregnancy,religion,age, national origin,ancestry,marital status,political affiliation, familial status,sexual orientation,gender identity,expression,or disability if qualified. • The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment,without regard to their race,color,sex, including pregnancy,religion,age,national origin,ancestry,marital status,political affiliation,familial status, sexual orientation,gender identity,expression,or disability if qualified. • Such actions must include,but not be limited to,the following: employment,promotion;demotion or transfer;recruitment or recruitment advertising,layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship. • The Consultant and its sub-consultants shall agree to post in conspicuous places,available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. • The Consultant further agrees that they will ensure that all sub-consultants, if any,will be made aware of and will comply with this nondiscrimination clause. • The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract,disqualification,or debarment of the company from participating in City contracts,or other sanctions. 16. INDEPENDENT CONTRACTOR RELATIONSHIP: The Proposer and,if awarded Consultant, is,and shall be, in the performance of all work, services,and activities under this solicitation and the resulting Agreement,an independent Contractor and not an employee or agent of the City.All persons engaged in any of the work or services performed pursuant to the Agreement shall,at all times and in all places,be subject to the Consultant's sole direction,supervision,and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work,and in all respects,the Consultant's relationship,and the relationship of its employees,to the City shall be that of an independent contractor and not as employees or agents of the City. 17. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s)or service as specified. 18. LOBBYING-CONE OF SILENCE: Consistent with the requirements of Chapter 2,Article VIII,Lobbyist Registration,of the Palm Beach County Code of Ordinances,Boynton Beach imposes a Cone of Silence.A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal,or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses,or otherwise takes action that ends the solicitation process.While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff,the Manager,any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation,with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.)Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal conferences,oral presentations before Selection Committees,contract negotiations during any public meeting,presentations made to the City Commission,and protest hearings. Further,the cone of silence shall not apply to contract negotiations between any employee and the intended awardee,any dispute resolution process following the filing of a protest between the person filing the protest and any employee,or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation.Additionally,the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 19. LEGAL EXPENSES: The City shall not be liable to a Proposer for any legal fees,court costs,or other legal expenses arising from the interpretation or enforcement of Bid Number: RFP-25-031R 14 Vendor Name: FM Tennis LLC the Agreement,or any other matter generated by or relating to the Agreement. 20. NO THIRD-PARTY BENEFICIARIES: No provision of this RFP or agreement/contract to follow with Consultant is intended to,or shall be construed to,create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Proposer. 21. DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City's suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 22. SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for,or entering into or renewing such Agreement,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for,or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List,created pursuant to Section 215.473, Florida Statutes,or is engaged in business operations in Syria. 23. DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity.The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at(850)487-0915. 24. NON-EXCLUSIVE As may be applicable,the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services.This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally,the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement,or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 25. BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein,the Proposer shall, upon request of the City,provide a copy of the Joint Venture Agreement signed by all parties. 26. AGREEMENT Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach,a binding Agreement is formed in accordance with the City's terms,conditions,and specifications as set forth in the purchase order unless otherwise agreed by the City and the Proposer.The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 27. ENDORSEMENTS Bid Number: RFP- 25-031 R 15 Vendor Name: FM Tennis LLC No endorsements by the City of the goods and/or services will be used by the Proposer in any way,manner,or form. 28. DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: 28. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. A. Inform employees about the dangers of drug abuse in the workplace,the Proposer's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. B. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. C. In the statement specified in Item A above, notify the employees that,as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to,any violation of Chapter 893, Florida Statutes,or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)calendar days after such conviction or plea. D. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community,for any employee who is so convicted or so pleads. E. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087,Florida Statutes 29. PROHIBITED TELECOMMUNICATIONS EQUIPMENT Proposer represents and certifies that Proposer and all Sub-consultants do not use any equipment,system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR§§52.204-24 through 52.204-26.Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment,system,or services during the Term. 30. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL,OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Proposers are hereby notified of the provisions of section 287.05701,Florida Statutes,as amended,that the City will not request documentation of or consider a Proposer's social,political,or ideological interests when determining if the Proposer is a responsible Consultant. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political,or ideological interests. 31. RIGHTS IN DATA Except if otherwise agreed to in writing,the City shall have exclusive ownership of,all proprietary interest in,and the right to full and exclusive possession of all information,materials,and documents discovered or produced by Proposer pursuant to the terms of this solicitation,including but not limited to reports,memoranda or letters concerning the research and reporting tasks required. 32. DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls,time records,invoices,vouchers,or other official documentation evidencing in proper detail the nature and propriety of the charges.All checks,payrolls,invoices,contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 33. PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals are exempt from public records disclosure until thirty(30)calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property,work product,documentation, reports,computer systems and software,schedules, graphs,outlines,books, manuals,logs,files,deliverables, photographs,videos,tape recordings,or data relating to the Agreement which have Bid Number: RFP-25-031R 16 Vendor Name: FM Tennis LLC been created as a part of the vendor's services or authorized by the City as a reimbursable expense,whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement,whether or not in privity of contract with the City or the Consultant,and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S.All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07,Chapter 688,and Section 812.081, F.S.)must be specifically identified as such. Upon receipt of a public records request for such information,a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the Agreement, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City;and D. Upon completion of the Agreement, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession. All records stored electronically by consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Consultant to comply with the requirements of this Section,and other applicable requirements of state or federal law,shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerkld bbfl, 5.34 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. Bid Number: RFP-25-031R 17 Vendor Name: FM Tennis LLC THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK r I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Brandon Flanagan, Managing Partner, FM Tennis LLC d/b/a FM Tennis Performance Center The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments(if applicable) Addenda No.6 r Fri May 16 2025 10:48 AM Addenda No.5 _ Tue May 13 2025 06:20 PM Addenda No.4 Wed May 7 2025 05:48 PM 2 RFP-25-031R-RFP-TENNIS PICKLEBALL CENTER MANAGEMENT SERVICES(OPERATOR)-Addenda No. 3 r 2 Mon April 28 2025 10:47 AM RFP-25-031 R-RFP-TENNIS&PICKLEBALL CENTER MANAGEMENT SERVICES(OPERATOR)-Addenda No.2 r 2 Tue April 15 2025 06:34 PM Addenda No.1 r 10 Mon April 7 2025 01:41 PM Bid Number: RFP- 25-031R 18 Vendor Name: FM Tennis LLC , .. ,, . _ 7, .... .., . .„ , ,., . .. .„ . , 4 41_:IL :i Laiiiii.i....I y m1 fir , _ - ._. ,- - ��'... i II \ IL >, - 1 V4 BOYNTON BEACH TENNIS & PICKLEBALL CENTER SERVICES Presented to: The City of Boynton Beach MAY 23, 2025 RFP No: Presented by: RFP 25-031R FM Tennis LLC $ p/a FM Tennis Performance Center TABLE OF CONTENTS 03 05 14 Letter of Interest Qualifications of Qualifications of FM Tennis Proposer Team 25 55 65 Approach to Scope Facility Upgrades & Business & of Work Five Year Plan Marketing Plan 76 , ,, kr. I+ Revenue r� o. ...e PP0. � � Opportunites LETTER OF INTEREST Members of the Selection Committee: FM Tennis has had the distinct privilege of serving as a contractor for the City of Boynton Beach at the Tennis and Pickleball Center since 2019. During that time, we've developed strong relationships with the Center's patrons—an exceptional group of individuals who share our passion for tennis and pickleball.Since beginning our partnership with the City,FM Tennis has expanded to serve 12 additional local clubs, communities, and organizations. Through a commitment to professionalism, integrity, and innovation,we've become the leading racquet sports management company in South Florida. The Boynton Beach Tennis and Pickleball Center deserves an elite management team—one capable of transforming it into the world-class facility the community expects and deserves. FM Tennis is uniquely qualified to lead that transformation. Our experience managing public facilities,our deep knowledge of the Center itself,our strong existing relationships with its users,and our well-established local network of clubs,schools,coaches,and players all position us to take the Center to the next level. In the pages that follow,our comprehensive proposal outlines how we will manage day-to-day operations,fund significant capital improvements,enhance services for residents,collaborate with City staff,and create meaningful community impact. We begin with the most critical component: improving the quality and playability of the facility's Har-Tru courts. Providing a safe, well-maintained,and visually appealing playing surface is essential.Our plan includes resurfacing all Har-Tru courts,upgrading the irrigation system, and instituting daily maintenance protocols under the leadership of our Director of Racquet Sports, Kurt Robinson.With his expertise in clay court maintenance,our courts will consistently meet the highest standards of play. Beyond the courts, we are also proposing an initial investment in updated court accessories and amenities, improved aesthetics throughout the facility, and a refreshed Pro Shop stocked with branded merchandise,accessories,and a Wilson Baiardo stringing machine—the gold standard in racquet stringing technology. Looking further ahead, our five-year vision includes converting Tennis Court 19 into four lighted pickleball courts, complete with spectator seating. This project will meet growing demand for pickleball by expanding evening play opportunities and increasing capacity.It will also support revenue generation through memberships,clinics,lessons,and tournaments.Additionally,the existing six pickleball courts will be upgraded with new partitions,fresh paint,and enhanced fencing. To support and sustain these initiatives, our business and marketing plan is backed by strategic partnerships designed to ensure strong programmatic and financial performance. One key element is our proposed collaboration with LAT Tennis Academy, a Boynton Beach-based business with 16 years of success in developing elite players and scholar-athletes. LAT's involvement will bring consistent court rental income and ensure year-round usage,adding both financial strength and community value. 3 LETTER OF INTEREST We are also proud to include the support and ongoing involvement of Susan Goodman, the longest-serving tennis professional at the Center. With 40 years of experience and deep ties to the women's league community, Susan's continued leadership will help maintain a stable base of long-term permit holders. To further extend our impact and benefit underserved populations, we have secured partnerships with three respected nonprofit organizations: The Delray Beach Youth Tennis Foundation, Love Serving Autism, and GreatBase Tennis Education. Each organization will bring programming that supports underprivileged youth and individuals with developmental disabilities.All three are committed to growing their missions at the Tennis and Pickleball Center. Each of the individuals and organizations mentioned has submitted a signed Letter of Intent as a testament to their commitment and support of this proposal. In the sections that follow, we'll provide greater detail about our team's qualifications, operational strategy, revenue potential for the City,and the community-wide benefits of this plan. We sincerely appreciate the opportunity to submit our proposal and thank you for your time and consideration. Sincerely, / . j7 — Brandon Flanagan Managing Partner, FM Tennis 4 ABOUT FM TENNIS Founded by r locals. Our journey began in 2009, when founders Allington Mutimer and Brandon Flanagan worked together at the Delray Beach Tennis Center. The pair quickly bonded over their shared belief in the transformative power of sport—a belief that's the foundation of our company's mission to this day. Allington and Brandon founded FM Tennis in 2015, when they relocated their adult and junior programs to Indian Spring Country Club in Boynton Beach. 10 years later, with the support of our clients and members, we have expanded our brand of racquet sports and fitness management to (13) locations with a total of (70) tennis courts and (42) pickleball courts. Our offerings include: facility management, clay court maintenance, tennis and pickleball instruction, event planning, pro shop operations, retail management, fitness program management, and fitness training. ae '44:1444' mfr 4_tii?.i . ,.. . .%....., Ci i 40 w A 4a 0) f PI R if IN- „ . . 24 .r1 ABOUT FM TENNIS WHO WE ARE • 81. 2015 511 FM Tennis LLC was founded Staff Members 6,100+ 13 Happy Active Clients Locations At FM Tennis, we understand that our company is only as good as the team that represents us. Which is why, during the recruitment process, we prioritize character. We choose to hire candidates who have integrity and a strong work ethic— which are just two examples of the many character traits we emphasize during the hiring and vetting process. We are proud of our diverse team that has come to us from all over the country and the world. 6 25 OUR MISSION & VISION We strive oma ea ositnre impact in our community. At FM Tennis, we are dedicated to enhancing the racquet sports experience through expert management, engaging programs, and high-quality instruction. We partner with clubs, residences, and organizations to create vibrant tennis and pickleball communities— making the game accessible, enjoyable, and rewarding for players of all ages and skill levels. It is our vision, to be the leading racquet sports management company, transforming clubs and communities into premier destinations for tennis and pickleball. Through innovation, inclusivity, and exceptional service, we inspire lifelong participation and a love for the game. s=" War . 411111011111111191141040/1* • / till i.• OUR MANAGEMENT PORTFOLIO FACILITIES P" .' l', IIIIII c ' y i k:' . reg . ; .. ' ''' OfV°.. \1k* - $. 0 \ti ' A f ', 4;41 "iii t la 4'. IP: ... 1 -1,-..- .,-,t.'7, 4 ...,,v,,, tt 1 .1 � c,... tip's �, , 4 4iic&., Ili 6‘ 4litti . i.I If 7141.7 I</ '/ " 1, ' t tl; -- ati . ,iii i 1-- \ lit a a :—.t---- - JAN 2019-PRESENT In our nearly seven years as contractors for the City,FM Tennis has provided tennis lessons,pickleball lessons,adult clinics,junior programs, BOYNTON BEACH TENNIS & and junior camps to it's residents.FM helped spearhead the Grand Opening event for the pickleball courts—where over 100 people attended. PICKLEBALL CENTER FM also hosted a demo day for pickleball and tennis equipment. JUNE 2022-PRESENT FM funded the renovation of the proshop—establishing a more optimal flow, adding more products,stringing machine,and refreshing the aesthetic. LIGHTHOUSE POINT TENNIS Collaborated with the City in the procurement of FRDAP grant and the ensuring project to convert the courts to hydro and install new fencing. CENTER Increased membership and court rental revenue by 36%and 50%. FM Tennis manages the tennis program and court maintenance at Delray 1 APRIL 2019-PRESENT Dunes—a private country club in Boynton Beach,FL The club has two har- tru tennis courts.FM Tennis served as project manager for complete facility DELRAY DUNES GOLF& renovation in the summer of 2022—to include:hydro conversion of two COUNTRY CLUB courts,new fencing,new lighting,and new accessories. OUR MANAGEMENT PORTFOLIO FACILITIES M 44 1 \Ili d yi/l/, ti ,::, • !1 .'" . Deir'a i e• ' - ,rye Club 4 1 ,- :,I II I I., I l AUGUST 2020-PRESENT FM Tennis has a contract to manage The Beach Club's tennis facility and fitness center.The club has over 250 tennis playing members with a four year waiting list to join.We host 25 annual weekend events,created new morning and THE DELRAY BEACH CLUB evening clinics and junior programs.FM Tennis is responsible for the maintenance and overall cleanliness of the tennis facilities. NOVEMBER 2022-PRESENT FM Tennis provides tennis and pickleball lessons and programs to the members of The Country Club of Florida—a private club in Golf, FL FM Tennis also hosts events and racquet sports mixers for the THE COUNTRY CLUB OF FLORIDA club.The club has two Hydro har-tru tennis courts and two pickleball courts. MARCH 2024-PRESENT FM Tennis manages the six har-tru tennis,seven outdoor pickleball,four indoor pickleball,and four bocce ball court facility in Boynton Beach.We manage a pro shop with 50 hours of operation weekly and are responsible for court maintenance of VALENCIA GRAND SPORTS CLUB tennis,pickleball,and bocce. OUR MANAGEMENT PORTFOLIO FACILITIES , . _ , ,.. , , .. . __, . . .., , . , �� ......, : , .� A:4$ , ,..k ft. . :, ,, ...... e t''4 ' - AO lr:. _ _ ____ 1�1 �,. tom. �. • r ir.:r ►� —- —_ - , . . .aillir • 'di-- 41 VALENCIA COLIN° MARCH 2024-PRESENT FM Tennis manages the six har-tru tennis,eleven pickleball,and four bocce ball court facility in Boynton Beach.We manage a pro shop with 30 hours of operation weekly and are responsible for VALENCIA SOUND SPORTS CLUB court maintenance of the tennis,pickleball,and bocce courts. OCTOBER 2023-PRESENT FM Tennis manages the seven har-tru tennis and two pickleball court facility in Boynton Beach.FM has been instrumental in initiating a project to add four new pickleball courts and bocce VALENCIA ISLES RACQUET CLUB ball courts,which will be underway this fall. JULY 2024-PRESENT FM Tennis manages the seven har-tru tennis and four pickleball court facility in Boca Raton.FM offers complimentary monthly NEWPORT BAY CLUB RACQUET tennis and pickleball socials.Personal training is also offered in CLUB the Newport Bay fitness center.Our pro shop has 50 hours of operations per week. • 1 OUR MANAGEMENT PORTFOLIO FACILITIES Y t . M ii. rte' )fit,,. l j . �` . R .-Astik •.; ' i . `, .I r "a _ t �� :>4. N 1 its? i - w • , _ 4.--tor 1 f Z' 4 NI :. \- \'' ..‘ • 4N1 .i y t'• APRIL 2025-PRESENT FM Tennis maintains the seven har-tru tennis and two pickleball court facility in Coral Gables,FL FM's staff of maintenance supervisor and three maintenance technicians keeps the courts in ISLANDS OF COCOPLUM pristine condition.FM is also responsible for hurricane preparation. FM Tennis managed the six har-tru tennis and five pickleball court JANUARY 2024-MAY 2025 facility in Boca Raton.FM was instrumental in working with GL Homes to launch a successful racquet sports and fitness program. LOTUS PALM RACQUET CLUB FM's staff also offered personal training and various fitness classes in the clubhouse. FM Tennis provides after school tennis and pickleball instruction AUGUST 2022-PRESENT to students at St.Vincent's Catholic School in Delray Beach,FL We offer classes to children aged 4-11 years old.FM Tennis coordinates with the school staff on attendance and marketing. ST. VINCENT FERRER SCHOOL FM also coaches the Boys and Girls tennis teams—with the Girls team winning the 2025 District Championship. S OUR MANAGEMENT PORTFOLIO FACILITIES , . , _ ._ ._. , _ , , _.. _ . 1 , S / V f1/4,.. 1 \1111; it ) • . : _ ____: ___--- , A s t I_ 1406 .. #4,.. ,-. . „AN.4.401, , z • , ..,r, i, Taorow4rI e 111111.4 lir Ual FM Tennis opened the FM Tennis Performance Center in Boynton MI NOVEMBER 2021-PRESENT Beach in November 2021.We offer personal training,physical therapy,mental performance coaching,nutrition consultation, FM TENNIS PERFORMANCE cryotherapy,infrared therapy,racquet stringing,retail,and CENTER beverage sales.In addition,the 6,200 sq.ft.facility serves as our company headquarters. JUNE 2019-PRESENT FM Tennis provides tennis instruction for the campers of the Gulfstream School Summer Camp.Gulfstream School is a private school in Gulfstream,FL.FM also provides fitness training as an GULF STREAM SCHOOL after school activity for the students,which is hosted at our Performance Center. JUNE 2019-JUNE 2023 FM Tennis provided afterschool instruction to students at St. Joseph's Episcopal School in Boynton Beach,FL We offer classes to children aged 3-12 years old.Attendance increased 150%since ST.JOSEPH'S EPISCOPAL �+ FM Tennis started the program.FM also provided tennis coaching SCHOOL for the St.Joe's Summer Camp,called Whispering Pines. OUR MANAGEMENT PORTFOLIO FACILITIES mir - A ' ', y _ -.49, ' ' 11— . 411r 1n 'r J &76 , X Q . .� � L_ —. . _ �I!' L 1 _' ''' 3- 1114 'N. - 4 . •., . II • . ,1 i \\* \ _ ,,, fi 'Vf ,: . ♦ .. ° � a ' X14 Melt Er t, '11tik JANUARY 2009-AUGUST 2015 FM Tennis principals,Brandon Flanagan and Allington Mutimer were employed by the Delray Beach Tennis Center.Program participation increased 700%under their tenure.Allington was DELRAY BEACH TENNIS CENTER responsible for court maintenance of the 24 clay court city facility,the Delray Beach Swim&Tennis Club. FM Tennis principal owners,Brandon Flanagan&Allington Mutimer, AUGUST 2015-JANUARY 2019 entered a rental agreement with AlA Tennis LLC at Indian Spring Country Club in Boynton Beach,FL.The Academy trained some of South Florida's top juniors in both a homeschool academy and afterschool academy.The INDIAN SPRING COUNTRY CLUB program also offered private lessons to adult players and our popular inTENNSity cardio tennis program for adults. FM Tennis principal,Brandon Flanagan,was employed by The SUMMER 2008 & SUMMER 2010 Tennis Academy at Harvard LLC—a 10 week summer camp at Harvard University.Brandon was the Director of Tennis for the THE TENNIS ACADEMY AT camp—which hosted approximately 150 campers per week.He HARVARD was the training of the instructional staff,which included a three day,30 hour comprehensive on-court and classroom seminar. QUALIFICATIONS OF PROPOSER TEAM PROPOSER TEAM ORGANIZATIONAL CHART Brandon Flanagan I Managing Partner Allington Mutimer I Managing Partner Lawrence Carpio Kathy Reinmund Lisa Pugliese LaCroix Steve Smith Kurt Robinson I Director of Racquets Owner►LAT Academy President I DBYTF CEO I Love Serving Autism Founder!GBTE Academy Coaches Tennis 8 Maintenance Pro Shop Manager Pro-Shop Clerks(3) Coaches and Coaches and Pickleball Professionals(2) volunteers volunteers Professionals(10) The Boynton Beach Tennis Center is led by Managing Partners Brandon Flanagan and Allington Mutimer, who guide the overall strategy, programming, and development of the facility. Kurt Robinson, Director of Racquets, manages the daily operations, ensuring all departments function smoothly and cohesively.The team is supported by academy coaches,general coaching staff, and volunteers—including those affiliated with local nonprofit partners—who help deliver inclusive, community-focused programming.Additional support comes from our tennis and pickleball professionals, maintenance team, and pro shop staff, all dedicated to providing a high-quality experience for players and visitors. 14 QUALIFICATIONS OF PROPOSER TEAM BRANDON FLANAGAN Managing Partner I FM Tennis 7• • i1 •fai. a •„ . As a managing partner of FM Tennis, Brandon Flanagan has helped raise the standard of racquet sports facility management throughout South Florida. At the Boynton Beach Tennis Center, his role includes setting strategic goals, overseeing daily operations, and driving long-term growth. With deep roots in the tennis industry, Brandon brings a wealth of experience that will directly contribute to the Center's success. Originally from upstate New York, Brandon began his coaching career as Director of Tennis at the Tennis Academy at Harvard University in Boston, MA. He later relocated to South Florida, where he served as Junior Program Director at the Delray Beach Tennis Center. Since then, Brandon has played a key role in expanding the reach of tennis across all levels, working with both youth and adult players. His professional background includes directing private clubs, developing high-performance juniors, training international champions, and coaching professional tour-level athletes. Brandon credits much of his development to strong mentorship. He was mentored by renowned coach and tennis educator Steve Smith, who created the first accredited collegiate curriculum for tennis professional management, and by elite fitness trainer Mark Wellington, whose clients have included five world #1 athletes. Today, Brandon applies these experiences as a leader at FM Tennis, using his knowledge to mentor staff and implement proven development systems. He is a USPTA-certified tennis professional and an NSCA-certified personal trainer. Brandon holds a bachelor's degree in Health and Exercise Science from Furman University, where he competed under legendary coach Paul Scarpa—the winningest coach in NCAA Division I history. During Brandon's time at Furman, the team won the Southern Conference title in 2006 and achieved a national ranking as high as No.49. 1� QUALIFICATIONS OF PROPOSER TEAM ALLINGTON MUTIMER Managing Partner I FM Tennis t yr er•^h�e�i� • 16. 2.1 ; 4,e ! µ4 �4 1'..•eeJe4P�e0.4.0.0044 11111111111111; 4..f,.R•e•• �7•1ee , a � As a managing partner of FM Tennis, Allington Mutimer brings aver 30 years of industry experience to the Boynton Beach Tennis Center. In his role, he will oversee budgeting, implement efficient operations, and uphold the highest standards of court maintenance and presentation. His extensive background in facility management and retail makes him well-equipped to ensure a first-class experience for members and guests. Allington currently serves as the Director of Tennis for FM Tennis at The Delray Beach Club, where he has successfully introduced innovative programming, quadrupled lesson revenue, and played a key role in managing the Club's fitness operations. Originally from Norwich, England, Allington spent 17 years as both a teaching professional and entrepreneurial coach. He represented his county as a player at both the junior and adult levels and was coached as a junior by two of the UK's most respected master coaches, Martin Smith and Brian Blincoe. He later joined their coaching team—Smith having developed several of Britain's top players, including Chris Bailey, Richard Bloomfield, and James Auckland, while Blincoe was instrumental in bringing Sweden's'Mini-Tennis'model to the UK. In 2004, Allington was honored with the National Coach of the Year award by the British Tennis Coaches Association(BTCA)for his outstanding contributions to player development and his commitment to building talent from the ground up. His coaching résumé includes guiding juniors to National Championship titles, ITF-level competition, and international travel throughout Europe and West Africa. After relocating to South Florida in 2008, Allington became the Assistant Director of Tennis at the Delray Beach Tennis Center, where he was responsible for managing the City's 24-court satellite facility at the Delray Swim and Tennis Club. His international coaching background, leadership in program development, and commitment to excellence continue to shape his impact on racquet sports in South Florida. fi QUALIFICATIONS OF PROPOSER TEAM KURT ROBINSON Director of Racquets I Boynton Beach Tennis and Pickleball Center flak tab .411 46.1 16.101,46 • viestivr Kurt Robinson has been a valued member of the FM Tennis team since 2022 and exemplifies the core qualities we seek in our racquet sports leaders—integrity, professionalism, creativity, compassion, and energy. With a diverse background and extensive industry certifications, Kurt brings a well-rounded and elite skill set to every facility he manages. He is a USPTA-certified Elite Tennis Professional, a Master Racquet Technician with the USRSA, and a PPR-certified Pickleball Professional. Kurt currently serves as the Director of Racquets at Valencia Isles, where he oversees all tennis and pickleball programming, manages clay court maintenance, and works closely with the facility's Racquet Sports Committee to ensure exceptional member experiences. Before his role at Valencia Isles, Kurt served as Director of Racquets at The Country Club of Florida (CCF), a prestigious private club offering both tennis and pickleball. At CCF, he played a key role in launching creative new programs and delivering personalized service to its membership. Concurrently, Kurt helped kick off pickleball programming at the Boynton Beach Tennis Center,where he also supported the development of FM Tennis's adult programs. Kurt's career includes experience at several distinguished clubs along the East Coast, including Debordieu Country Club(SC), The Dunes Club(RI),Chevy Chase Club(MD),and most recently,the Ocean Club of Florida. He holds a Bachelor's degree in Professional Tennis Management from Methodist University,where he also competed on the varsity tennis team. During his time at Methodist, Kurt received formal training in clay court maintenance, which he later applied extensively in hands-on roles—particularly at the Ocean Club, where he participated in full court resurfacing projects. Kurt continues to use this specialized knowledge to help FM Tennis refine and standardize its clay court maintenance protocols across multiple sites. His combination of technical expertise, leadership, and player-focused service make him an ideal Director of Racquets for the Boynton Beach Tennis and Pickleball Center. IP QUALIFICATIONS OF PROPOSER TEAM LAWRENCE CARPI° Academy Director I LAT Tennis Academy Lawrence is the Director of Tennis and Owner of LAT Tennis Academy, where he has established a nationally recognized reputation for player development at the highest levels of junior tennis. A former NCAA Division I athlete, Lawrence played #1 singles and doubles at Temple University, bringing that same competitive drive and discipline into his coaching career. Under his leadership, LAT players have captured over 100 ITF Junior titles and more than 20 USTA and international national championships. His coaching résumé includes guiding six players to the #1 national ranking on TennisRecruiting.net and three players into the ITF World Junior Top 10. Lawrence has also produced both champions and finalists at the prestigious Eddie Herr International and Orange Bowl Championships—a testament to his ability to prepare athletes for success on the world stage. Recognized for his excellence, Lawrence has been named to the USTA Player Development Coaching Honor Roll 30 times in just the past four years. Many of his athletes have gone on to compete at top-tier NCAA Division I programs on scholarship, including Harvard, Stanford, Princeton, UPenn, Brown, the University of Florida, Georgia Tech, and the University of Texas, among others. QUALIFICATIONS OF PROPOSER TEAM KATHY REINMUND President I Delray Beach Youth Tennis Foundation a ..... • , 40 e. Vir Kathy Reinmund is the Co-Founder and President of the Delray Beach Youth Tennis Foundation, an NJTL Chapter based in Delray Beach with a mission to enhance the lives of underserved youth through tennis, academic support and life skills. Since its inception in 2015, the Foundation has reached over 1,000 youth in Delay Beach with the program growing year after year to make a bigger impact on the surrounding community. Reinmund has been involved in tennis for most of her life, and her passion for helping kids and finding new ways to develop and expand their current program is admirable for the entire tennis ecosystem. The DBYTF offers a supervised after-school environment that encourages academic achievement, social and emotional development, and health and wellness of children and learning the game of tennis. The program carries out the mission of the NJTL Chapter of the USTA Foundation, which is to combine academics and tennis to change the trajectory of a child. The curriculum offers activities designed to encourage educational processes that include decision-making, problem-solving, and working together toward a common goal. The Foundation recently we received the Yellow Tennis Ball Tribute Award at the 2022 Delray Beach Open. Since it is the only NJTL program in the area, they receive interest from adults who would like to get involved with the program by volunteering. t QUALIFICATIONS OF PROPOSER TEAM LISA puGLIEsE_LAcRoix CEO I Love Serving Autism • ..;3111Plle111;- ! Y • r �, I Lisa has specialized in evaluating and treating children and adults with Autism Spectrum Disorders and Developmental Disabilities for over twenty years. A former collegiate tennis player at Duke University and the University of Florida, followed by WTA tournaments, Lisa enjoys combining her tennis experience and speech therapy background to teach the sport to children and adults with Autism Spectrum Disorders. After working six years as the Florida program director for a national autism non-profit, Lisa was inspired in 2017 to develop her own non-profit, Love Serving Autism, a 501(c13)organization. • USPTA and PTR Elite Certified Tennis Professional • ASHA certified Speech-Language Pathologist in the field of autism • Adaptive Training and Education Subcommittee, National co-chair, focused on developing adaptive tennis curriculum; elected by USTA in 2021 • 2020-2023 USPTA National Adaptive Task Force, Chair • USTA National's 2022 Eve Kraft Award for community service 20 QUALIFICATIONS OF PROPOSER TEAM STEVE SMITH Founder I GreatBase Tennis sta AL r .....00" F J GreatBase Tennis Education(GBTE)was founded by Steve Smith. Steve has nearly fifty years of diversified experience in tennis. He has spent a lifetime gathering information, ideas and insights by studying accomplished tennis teaching masters and proven methodologies. Prior to starting the world's first college degree plan and full-fledged comprehensive curriculum for tennis teachers, Steve completed in-depth apprenticeships under Welby Van Horn, Dennis Van der Meer and Vic Braden. Leading tennis educators from around the world conducted monthly workshops during Steve's tenure; a decade of formalized education where students were taught occupational competency as tennis-teaching pro-managers. Students from over forty states and thirty-five countries enrolled in the unique program which was offered at Tyler Junior College in Tyler, Texas. For four decades, Steve has continued to train tennis teachers. He has traveled to over thirty countries conducting clinics and camps. The results of Steve's efforts have created a network of tennis teachers, coaches and administrators who work around the globe. Steve's work can be measured by the number of lives he has touched. For example, his students have won at every level of the game and so have his students' students. Steve and his associates have documented the development of players and have an elaborate tennis library to prove its educational merit. In the event FM Tennis is awarded the bid to manage the Boynton Beach Tennis Center, GBTE would be pleased to offer an annual weekend workshop complimentary for local residents. This event would provide educational opportunities for both parents and youth, promoting community engagement and tennis development. We believe this initiative will foster greater participation and help grow the sport among players of all ages at the Tennis Center. 40 21 QUALIFICATIONS OF PROPOSER TEAM PROFESSIONAL INSTRUCTORS gm ,-, --,.- ,, .. ....., , _,mr. . ----r I. ,. ,_.„„„,... 1 1 i , , � i . .,..,,14, ;,,,,% IF )11 .. obi . BILL LINDA JOE BUSIEK CACICEDO FAMIGLIETTI USPTA Certified Tennis Professional& PPR Certified Pickleball Professional USPTA Certified Tennis Professional RSPA Certified Pickleball Professional ' 1161411 Our team at the Boynton Beach Tennis Center will consist of highly qualified, professional staff who uphold the values of integrity, safety, and community- 4 focused service. All instructors are thoroughly background and reference checked to ensure a + y safe and welcoming environment for players of all ages. Each member of our instructional team is certified in the sport they teach— SUSAN tennis or pickleball—and brings both technical expertise and a passion for GOODMAN player development.Additionally,all staff are trained in standard policies, safety protocols, and customer service procedures to ensure a consistent, high-quality USPTA Certified Tennis Professional *Signed Letter of Intent Attached experience across all programs and events. 22 QUALIFICATIONS OF PROPOSER TEAM PROFESSIONAL INSTRUCTORS .. . _ , ,,.... � _. ; ... lawaris4 __/.....e _÷ ., . ittami \I si'"' , '--g Mill f, MS *7410-.01,111111110,413t IS .,-.0.0.400,:i i.77,t-- SARAH MARTYNAS ANDREA HURLEY LUKOSIUNAS ORSOLINI ITPTA Pickleball Professional USPTA Tennis Professional USPTA Tennis Professional Racquet Stringer PPR Certified Pickleball Professional _ qirior ��.it 11:- ,.. ivotAiiiih r i WILL GLENNON JACK MABRY SCHAFER SEYMOUR PPR Certified Pickleball Professional USPTA Tennis Professional USPTA Tennis Professional NASM Certified Personal Trainer PPR Certified Pickleball Professional Our staff professionals are valued members of our team and play an active role in delivering a high-quality experience at the Boynton Beach Tennis Center. Each instructor not only brings strong qualifications and experience, but also actively participates in clinics,lessons,and community programming. 23 QUALIFICATIONS OF PROPOSER TEAM SUSAN GOODMAN LETTER OF INTEREST City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 May 14, 2025 RE: FM Tennis To whom it may concern, It Is my great pleasure to write in support of the application by FM Tennis for procurement of the city contract to manage the Boynton Beach Tennis and Pickleball Center. I have known Brandon Flanagan and Allington Mutimer, the directors of FM Tennis for four years. Without hesitation, I have complete certainty in their exceptional character, suitability and business acumen to manage the tennis facility. FM Tennis has many qualities that set them apart from the rest. Their company has grown exponentially during the past several years. They not only have an existing contract with the City of Boynton Beach, but also several other local facilities. I have been employed as a tennis instructor with the City since 1985. During my current discussions with Brandon, I have been extended the opportunity of joining their staff as a teaching professional. it the bid were awarded to FM Tennis, I very much look forward to be given the chance to be a part of growing the tennis center to achieve its full potential. Their established presence at Boynton in addition to their performance center, youth tennis programs, academies, etc. puts them in a unique position to understand and fulfill the current needs at the tennis center. Please do not hesitate to reach out to me directly at (561) 329-1704 or tenpro394@bellsouth.net if you should have any questions or you would like any further information. /1444. 73/ Mme./ Susan B. Goodman 43 24 Workload & Capacity Statement Current Contract Commitments: FM Tennis currently manages racquet sports operations at 12 locations across South Florida, ranging from private clubs to public facilities and educational institutions. Each site operates within a scalable structure that ensures reliable, high-quality service. Our model allows for resource flexibility to meet the demands of each contract without compromising performance or responsiveness. Key Personnel Commitments: Managing Partners Brandon Flanagan and Allington Mutimer are full-time leaders of FM Tennis and oversee the company's strategic and operational execution. Neither holds any external commitments that would impact their ability to support this contract. Kurt Robinson, our Director of Tennis, will serve in a dedicated leadership role at the Boynton Beach Tennis Center(BBTC). His responsibilities will include onsite program development, instructional oversight, and staff training specific to BBTC, ensuring day-to-day quality and consistency. In addition to our executive team and onsite leaders, FM Tennis is supported by a corporate operations team that includes administrative coordinators, marketing professionals, and finance staff. This centralized support structure allows our key personnel to remain focused on service delivery while the corporate team handles scheduling, communications, billing, and customer service infrastructure behind the scenes. Historical Capacity & Performance: Over the past five years, FM Tennis has successfully managed between 10-14 contracts at any given time. Our retention and satisfaction rates across contracts reflect the strength of our internal systems and ability to manage concurrent operations without overextension. Projected Workload for BBTC: Should we be awarded this contract, the Boynton Beach Tennis Center will be prioritized within our network.A dedicated team, including Kurt Robinson and full-time onsite staff, will be deployed to manage the facility. Executive oversight and administrative support will ensure all programming, communication, and reporting aligns with City expectations from day one. Sub-Operator Disclosure: FM Tennis does not anticipate using any sub-operators for more than 5% of the contract.All essential services—including program management, operations, and customer engagement—will be delivered by in-house staff.Any specialized vendors will be disclosed and coordinated with City approval as needed. 44 y PROPOSER'S QUALIFICATION STATEMENT THIS PAGE IS TO E3E COMPI_FTED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter SUBMITTED TO City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: _ Corporation — Name: 417YMls LLC d�b/µ itMiI P ° w '7`' 'u mi-'" Partnership Address 1600 S. (o.1.4,-1.,v /4-ve, ck IC Individual CITY, State.Zip: erYKrls^ Pec4-4. r-e-- 73y1C Other Telephone No.: .1-6/- k'?0 - 3,0'-Z-- Fax No. Email Address.: heoe@ A-1,44/S •(-0" 1 State the true. exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the ProposOs: - r/14 T/440 J L L & b% PM TP,i 0 PQ t4n++04 I (,, i - The address of the principal place of business is: 7600 S. Cow, , A , 5k. lc 6ov.441>1, pa.ci. Gt_ 37'11.4 2. If Proposer is a corporation,answer the following: a. Date of Incorporation: 8 //0 //r b. State of Incorporation: Ft.r-t LN. c. President's name: Bra.tolu.. Fl4KC-.at_ d. Vice President's name: A I(,,-,1 4--� M.fi r"•-•- e. Secretary's name: A//Al f Treasurer's name. /v./4 g Name and address of Resident Agent B,.t���• Fi••w�4,, 1 SS 4e fJ .1/ /i, 414 zit U 3. If Proposer is an individual or a partnership, answer the following: D`l''O1-7 Su-'k, FL 73`iit/ THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 45 a Date of organization N!4 b Name. address and ownership units of all partners: N/A c State whether general or limited partnership 4 If Proposer is other than an Individual, corporation, or partnership, describe the organization and give the name and address of principals NIA 5 If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Rea1T74,-t4.., Nu..bv G' 2S0000673LO 6 How many Years has your organization been in business under its present business name? 4l r C bwi•� f Under what other former names has your organization operated? _r14►.•-')4-h MNhMJi T-eNAIj 7. Indicate registration, license numbers, or certificate numbers for the businesses or professions. which are the subject of this Bid. Please attach the certificate of competency and/or state registration. Lrc ){ : 2/- ow, SO 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES [7‘1 NO 9 Have you ever failed to complete any work awarded to you?If so, state when,where,and why: No 10 List the pertinent experience of the key individuals of your organization(continue on insert sheet, if necessary) C go r Ore, ) n'.M 2° run o)r��W+cc +w�•�J,•y rdg4f o/ h•M <t^,�� t.��r iii c Awucva.�'�"-s,"_-r" M,�,/6'1"'-- seN.,.�.� �,a.tiluc .�d{t c�i�, eAp ,� sJ«R'+bs-�i¢.�r,Y., �,,�' c..«.~"^I t'- 1, - /4. ..�, Jic I�L.I..Gl �c ra Nw.. GA (/�(t•,c.c 1',(�,, (1-f fes,,,,17 .,/r,.+ Rei 11. State the name of the individual who will have personal supervision of the work: THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 ,, 46 Br,LAr oe. R. ti&s.t, 12 State the name and address of the attorney, if any,for the business of the Proposer E/rscc. S. Vet re—i_ f1/9 ( 86-0 N„ Cr, .c.c.t► 13,.. S k.1-4 Z o o 6104k4^ (Jtai• . Fc. 974i2.4 13 State the names and addresses of all businesses and/or individuals who own an interest of more than five percent(5%)of the Proposer's business and indicate the percentage owned of each such business and/or individual (5—o./)�rt... w F(c.., ss Do/4-<-( /ZIA,/ 2/!0, Dgl a., ge , Ft 31 VP> (s-o,.) (411(;,}1.,.‘ / f.-( ,a, /oST Cry)/f-I W Alp/ i, Daft..?0e&<, k 33'0+1 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of the Surety Company which will be providing the bond (if applicable), and the name and address of the agent: A /A 16. Annual Average Revenue of the Proposer for the last three years as follows: I Revenue Index Number I a. I Government Related Work I S b. I Non-Governmental Related Work I Total Work(a+b): (� I Revenue Index Number 1. Less than$100,000 2. $100,000 to less than$250,000 3. $250,000 to less than$500,000 4. $500,000 to less than$1 million 5. $1 million to less than$2 million 6. $2 million to less than$5 million 7. $5 million to less than$10 million 8. $10 million to less than$25 million 9. $25 million to less than$50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO Bt CONSIDERED COMPLETE AND ACCEPTABLE 35 ' 47 6 ..4c „i S3'1 SE lotS' , 01,1,,t7 p t„A rL 3)Y Y 3 St/ • tit. tujy 18 Describe policies and methods for project monitoring and budgeting control as well as adherence to project schedule(continue on insert sheet, if necessary). ri mu-) p-D y L f 0. AJ •c�t.E�-� w -4 t-7 �- , Mc � (�1�1 me Arc-o�enyt., I- (7(7_1441e-4• I o 19. Provide descriptions of quality assurance/quality control management methods(continue on insert sheet. if necessary)' _.0 0 11� / L / Ir / Sf. rrc 4(^W �+ �I,v.r u�,NI�.I 4., /W✓L/, IMI7.4a( i,T. ♦404r7„.K4rM 4-4.1 0,14.0,4^4Suvlc-C. L:s S1,11 410 ( &/mte.16,,6.." s✓. v4 6. .) GLL N 71�4c` 6..) A,Qj h . e.-L , w IAL,Lt.r/Csf {. lW«/'.• L^^ .0 (1 s+ ,. 20 Is the financial statement submitted with your proposal(if applicable)for the identical organization named on page on YES NO 21 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided(e.g., parent-subsidiary). 22 What will be your turnaround time for written responses to City inquiries? YF "WI 23 List and describe all bankruptcy petitions(voluntary or involuntary)which have been filed by or against the Proposer, its parent or subsidiaries,or predecessor organizations during the past five(5)years. Include in the description,the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. A f •r M v.fA 1IAi C•.14.Sb•Zo1, <A-01070. we fr.'(vn..)r ,a LA-..2 w /t•! w U 1'4/ 4f V461-14.6/kit. /kit. V4 r'„1�Q/ti�n.,• WrS(,y vsts,),,) gau..lNt 4mA C.La /. AI .0 S. ?..J.-v, Fru rem . Ce,,F M. (Ate -�Jl0b SI(1 �'�f /�U a.CjwLI THIS PAGE IS.TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE • -//s fO SIDE1j1DDCO E,TEANDACCE/PTABLE (A (/( I�+ .f 4„45 Gw 4...442 d t�k y r'!v `"'.,., KI".5 ti 11 {... I VI.” rtl of /lei • C•P(Tr4j 2•411/ 48 I • », •n, • • A 11. 25 List and describe all criminal proceedings or hearings concerning business-related offenses to which the Proposer, its principals or officers,or predecessors'organization(s)were defendants. N/A 26 Has the Proposer, its principals,officers,or predecessors'organization(s) been convicted of a Public Entity Crime,debarred.or suspended from bidding by any government during the last five(5)years? If so,provide details. No The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by the owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award,to cancel and terminate the award and/or contract. (Signed) STATE OF 1 J(1A (1 C� (Title) Mor.-ta_ twl r,- CM r7(J COUNTY OF lJ(��y1\1'� (ie I) The foregoing docupoTcq was acknowlec#ged bef Ire me, by mea t Sita) presence-or-0 onl notarization, this — da of �V �1� b )ik, 2 0 / of 2 y Y • ��� r.'�.t 1 c who is personally known to me or who has produced (' . as identification. N Lary Public(Signa(ure3/ / cV My Commission Expired v L� e�r_i JENNIFER A.FERGUSON Notary Public.State of Florida Commissionfi HH 375228 My comm.e.coires May 8,2027 THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 49 CERTIFICATION PURSUANT TO FLORIDA STATUTE; 287.135 TO BE COMPLETED AND UPLOADED ONLINE 1 15""1" 11"'"1"L 4*'f""1 "A".on behalf of F+vi tr.. 1 ( c c certify Print Name and Title Company Name that , -- ri.4 a does not Company Name 1 Participate in a boycott of Israel, and 2 Is not on the Scrutinized Companies that Boycott Israel List, and 3 Is not on the Scrutinized Companies with Activities in Sudan List, and 4 Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and 5 Has not engaged in business operations in Syria Submitting a false certification shall be deemed a material breach of contract The City shall provide notice, m wnting,to the Vendor of the City's determination concerning the false certification The Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error If the Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§287 135 Section 287 135, Florida Statutes, prohibits the City from 1)Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List. created pursuant to Section 215 4725, F.S. or is engaged in a boycott of Israel, and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215 473, or are engaged in business operations in Syria As the person authorized to sign on behalf of the Vendor, I hereby certify that the company identified above in the section entitled Vendor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List. is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria I understand that pursuant to Section 287 135, Florida Statutes, the submission of a false certification may :lU sdbjsd Me company b chi pongees.attorney's lees tondo!costs I further understand that arty contract with the City lot goods or swims may be tsrmtneled et the option of the Gly A the comport' is found to have submitted * Klee certification or has been pieced on the Scnrtx►rted Companies vrth Activities in Sudan Olt or the Scrutinized Companies Oh Actiwbes in the Iran Petroleum Energy Sector List 7ili«+r I 1.44 ‘149,41 741,k r f'</A '.4ur A. COMPANY NAME G! SI• 'ATURE / 9441,44 riroirk,4-1 •444‘03/ii) tfAte-/PW PRINT NAME TITLE DATE The foregoing instrument was acknowledgedbefore me, b means of sical pr nce or 0 online notanzation. this a N day of I Cil.//l who is personally known to me or who-nas produced -110 J as identification. Subscribedibedand sworn�to/�eefore+me This G) day of P t Cid 202 1 J Notary Public(Sign ure) My Commission Expires: 3I E•VERWY EOM*UNDER SECTION US OS,FLORIDA STATUTES 'HIS PAGE IS TO BE COMPUTED AND UPLOADED QNLR, PrSe Ng (0,....�.) gle�ctName a•r�� 94,4,c4 re., ..,,( vii-tGt..1/ ... soli citation No Are X. . itis d1t R Oetnsions ► "'c;onfrsclor'means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies or services to such employer in exchange for salary, wages or other remuneration 'Contractor'includes but is not limited to a vendor or consultant 'Subcontractor'means a person or entity that provides labor supplies. or services to or for a contractor or { another subcontractor in exchange for salary. wages, or other remuneration "E-Verily system'means an Internet-based system operated by the United States Department of Homeland Secunty that allows participating employers to electronically verify the employment eligibility of newly hired employees { 2 Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees Contractor shall register for and utilize the U S Department of Homeland Security's E-Verify System to verify the employment eligibility of a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract,and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach;and c) Should vendor become the successful Contractor awarded for the above-named project. by entering into the contract, the Contractor shall comply with the provisions of Section 448 095 Fla. Stat, "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract 3 Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s 448.09(1)Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s 448.095(2), but the Contractor otherwise complied with s 448 095(2)Fla. Stat,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor c) A contract terminated under subparagraph a)or b)is not a breach of contract and may not be considered as such. DL dl Any cNdlenge to lamination under this povteion must be fled in the Circuit Court no later than 20 calendar days Oar the date of tarminabon e) h the contract is laminalid fora violation d the statute by the Conh'ada the Contract,rnity not be awarded a public contract to a period of 1 year after the date of termination • Company Name 61 1emr f r`y 7 f fi'Mt1 ��/ftnwr� � W Authorized Signature Print Name tint a r• ,,, Tire ,M.,,~s tAkiP..-/,..., Date r/t z/z 1' --- Phone CI r- Y 11 - 7 3 2 STATE OFO 1N COUNTY OF 4/j4 rti9l�tJt' The foregoing instrument was acknowled ed before me by means ofab�¢hys II rQ Wince or Ire notarization. this( )day of M(\J 202 y ' iaA1n��Vl'i 1�"j't f of He/std is personayy known to - or has produced :Liar as identification / (Name of Notnted ormped) r • JENNIFER A.FERGUSON jtovicTa nVIC i?�': N Notary Public.State of Florida -^� !r Lcmm�ssarri NH 375228 1 5 t c—Rc51S7 • �' My comm expres May B.2027 --- Serial number, if any • • t • • O3 0 ANTI-KICKBACK AFFIDAVIT THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission.kickback, reward, or gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation By. /i► �/ NAMQ'- TGNATURE The foregoing ins ment was ac no.ledged before me m s of I h ical nce or online notarization,this day of 4 ,2t� CVI(1 nano no . ,.who is personally known to me or who has produced as Ide cation Sworn and subscribed before me this MCk` ' c) DQT-3 t Printed Information: JENNIFER A.FERGUSONJ11n 1 �V A T-1(0(1911 c M . if aft Notary Public State of Florida Commission,HH 375228 NAME J My comm expires Ma77 \ C. 'banes✓ TITLE 7f? ' ' ' . '"( cNOTARY PUBLIC, State of Florida at Large JiTl r/,l l' /^rba0 {.r IJ�CO11M11P11AffN��Y ` 1 t 4,.+_.i� JENNIFERFERGUSON -n A.FE � ° ,�' ` "'j,.:: S''ie of Florida ail; Go�^m's:car's-;H 375228 �IA� ----- • f' . May 8,2027 "OFFICIAL NOTARY SEAL"STAMP' THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 04 !r NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE —E-1 State of k d 6 i r County of ral 1� 1 e qC h not,L A411.64-4 ILA , being first duly sworn. deposes and says that 1) He She is Mot..A-4.-ti_ A-17-v- ofF4 4t a LLC the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID 2) He!She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal, 3) By signing and submitting this bid the BIDDER certifies that this bid is made independently and free from collusion, 4) Further.the said bidder nor any of its officers.partners, owners.agents,representatives,employees or parties in interest including this affiant has in any way colluded,conspired.connived.or agreed directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract or has in any manner directly or indirectly. sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder or to fix any overhead. profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion. conspiracy connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract.and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion conspiracy connivance or unlawful agreement on the part of the bidder or any of its agents,representatives, owners employees or parties in interest including this affiant 6) BIDDER shall disclose below.to their best knowledge. any City of Boynton Beach officer or employee,or any relative of any such officer or employee as defined in Section 112 3135(1)(c), Florida Statutes (2022). who is an officer of director or or has a material interest in.the BIDDER's business.who is in a position to influence this procurement Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements solicitation of offers, decision to award, evaluation of offers or any other activity pertinent to this procurement is presumed. for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER or if they otherwise stand to personally gain if the contract is awarded to this BIDDER 7) Failure to submit this executed statement as part of the bid shall make the bid non-responsive and not eligible for award consideration In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist Failure of a BIDDER to disclose any THIS PAGE IS)0 BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE ANDACCEPTABIE 39 Op relstionsnie described hereon shall be reason for termination of bid or sward wt9r_t,Ve(t apptebie *1 WA!b CU?. NAM aFJATIOAtiLe Witnesses: BIDDER: ,+ \1t� Melt,,itk Signed Typedna �%r ,�/� Name (S raj°. Fla K04l /Y mt I t rA ��t (1,/�AC I i • Title )9i4AtAe Typed name' _ J STATE OF a . COUNTY OF r64 of\ The foregoing instrument was acknowledged�nobefore me,^ by means of hhysiccaal presence or 0 online notarisation,this �cD day of t' I ���I �..Jby l t" (k I r iCn1((-t0.! f .who is personally known to me or who has produced I l'�a as ides I kation Subscribed nd swom to before me vor This day of 1✓ I AU .20!" . C)) Notarypublic(Signatu ) JENNIFER A.FERGUSON / My Commission Expires: 5. Dw Notary P411t State of Florida A, Commissron#•HH 375228 '���' mi wmm ezpres May 8,2027 THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE ANDACCEPTABLE 40 Jt.) CERTIFICATION PURSUANT TO FLORIDA STATUTE 6 287.135 THIS PAGE IS 10 RE COMPLETED AND UPLOADED QNLINE r(.„1,, _. Mw•u s tfts ear O ' on behalf of r TY.. t 1-(-4 certdy Print Name and Title Company Name that f: ' Tri rt u does not Company Name 1 Participate in a boycott of Israel and 2 Is not on the Scrutinized Companies that Boycott Israel List. and 3 Is not on the Scrutinized Companies with Activities in Sudan List and 4 Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and 5 Has not engaged in business operations in Syria Submitting a false certification shall be deemed a material breach of contract The City shall provide notice in writing, to the Consultant of the City's determination concerning the false certification The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§287 135 Section 287 135. Florida Statutes, prohibits the City from 1)Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215 4725 F S. or is engaged in a boycott of Israel and 2) Contracting with companies. for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s 215.473. or are engaged in business operations in Syria As the person authorized to sign on behalf of the Consultant I hereby certify that the company identified above in the section entitled 'Consultant Name”does not participate in any boycott of Israel. is not listed on the Scrutinized Companies that Boycott Israel List is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria. I understand that pursuant to section 287 135 Florida Statutes. the submission of a false certification may THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR BID PACKAGE TO BE CONSIDERED COMM E TE AND ACCEPTABLE 41 3/ IstrbOedl the company to cl vS penalties attorney's lees.endlor costs I further understand mat any fact WI the City tor goods Or tetvvices may be laminated at the opt'on of the City if the uxt^pany s AVM to hie submitted a false certtlication or has been placed on the Scrutinized Companies with Activtt►e$ ,n Sudan U.?or the Scrutinized Companies Oh Act►vihes in the Iran Petroleum Energy Sector List reAmi ucc/iiip 7.441, COMPANY NAME 5►GNATURE aritALi FloioT M4iK•414ti P PRINT NAME TITLE Sit /1.3"." DATE STATE OF (Thre. l COUNTY OF , If 'h The foregoing inst ment was acknowledged b fore me, by meas of O phyp•ical esence or 0 online notarization, this day of Y Ll , 2 ��Y1(V' who is personally known to me or who ha produced -1 as identification. Subscribed and sworn to before me This day of \,/I 2O \K-;64.1L:. ��..� Notary Public(6ign Lire) _ ; • JENNIFER A.FERGUSON � �r • trotary Public.State of Fionda My Commission Expires: w'„ Cammisslona HH 375228 'i." ay opmm.expires May B.2027 THIS PAGE IS TO BE SUBMITTED ALONG 1MTH THE BID FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 42 J1� 0 AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787 06 (13), Fonda Statutes the undersigned on behalf of the entity listed below(`Entity`) hereby attests under penalty of perjury that Entity does not use coercion for labor or services as defined in Section 787 06 Florida Statutes entitled 'Hainan Trafficking' Date h'w t Z 20 Z.S- Signed A- Entity relit-610) 1.1-C Name I,iass AA Pa,4&4x4.., Title ,Marta fel i"_4tcr STATE OF_____,t-1 1- f d ` + II COUNTY OF 4)efim 1 (l('h The foregoing In ens was o‘xledped before by—mans of p,15hysi I resence or ❑ online notarization this(--{ day of CLI , 20Jr—) 6 1(tL(l J .400 (r it as J for n., who is personally known to me or who has produced --A t I t-- las identification / \,) Notary Public Signatur -4 State of Florida at Large(Seal) 1 I I , Print Nameif\N r � A1 I ^ (6 I) I • My commission ex ires. 3 06D3--• J 1 JENNIFER A.FERGUSON ,,z,-''`• Nor Pak State of Florida ,Y 4, " Comm rsiont HN 375228 ..iiAr' 1,4 mea mm reres May 8.2027 THIS PAGE IS TO BE SUBMITTED ALONG 1MIH THE BID FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 46 .1J ..W-9 Request for Taxpayer awe feeler 18the "ler '7tx•a Identification Number and Certification ►.%oaten a nee C* 1" ,t~its 1'wrn eerieibneenvi qin%ee Oe le Mini IFS pore/FeemmWe for lnetruebene end the blest rWernteNers 1.110 b MM Mid • %lore fes MM+ iso pdirico mimed to brie�sp�oee d fans W-9,see ArdaN of Farm.Wow _ i tonne d srinN4idrNdrr M ___�� 1 e eav+<f ew*ante r 7, entry WI kelt ell prR/bsor Or dlweprare WON week the sewer it*One an ti r stns err be buetnt�+lwtbreee FM 7 O&M 1f &LC. ! !w� , ;frilly mere If d an rl/born sem n M Cheoe Mie aPrro vele box td tedsrel W oleselAoebon et bb t orris erre Se the tollowine seven brow MrtltpedriQid iNnoee erne ti brined an IW t Ctnsci 4 Exam one s •est weer crag b WSW enemas rid RxhMlAla see aWrulipry e7it tn0'Nduarlore proprietor 0C oorpbrNbn0 B oapordn 0 tirr+«ro O rnn,eae 1 , LLC Enter M lax d..albcation IC•C wrporaean B•S Crnporaaon,P•PeM1nererepl Exempt Pater Dodo a,rte ebbe:Check the 11nd C.box above a ,In the entry epics,enter Vie appropriate code IC.S orbt w P1 roe b GaaeMbaelp+or bre LLC.unless It K a disregarded entity A dr'eprded entIty stirred ebbed Urck the improbities Erampson born Fonar AccouW Tar a bon bis the tax dYUAntion d as owner Compiler*Act cATCAI reporenq I� 0 or.Nae netrictionel Code to any) I38)It on One ae you checked'Pennerstp"or'T,savestate,'or Checked"LLC"and entered'P'as Its tax dsaHicati n. and you art provrdirtg this form to a partnership trust.or erste in which you hem an ownership interest.checkto actornte mrrawrd the bo•r you neve ani tereign partners,owners,Or braecianet See instructions GkaceeS 0 outbid the IANbd Steres iMinoan ess(re nib* arrow,end apt or suite n0) See ructions Requesters Name and a dreee fopeoiralt C� 3400 S. C•& .,' Avc . CA-K II City,state and ZIP code a.Y••,L ova R4o.c-( <C 7 7 Y Z. 7 List account numberts)here(opt onat) • Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on line 1 to avoid Social Security number ) backup withholding For individuals,this is generally your social security number(SSNI However,for aI - i - resident alien,sole proprietor,or disregarded entity,see the instructions for Part I.later For other JI1 entities.It is your employe,identification number(EIN) If you do not have a number,see How to get a or TIN,later Employer identification number Note:ft the account is in more than one name.see the instructions for line 1 See also What Name and Ul Number To Grve the Requester for guidelines on whose number to enter 1. 1 7 - if (w I Z (w GIG f Part II Certification I I Under penalties of penury,I certify that I The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2 I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding.and 3 I am a U S citizen or other U S person(defined below),and 4 The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct Certification Inductions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have faded to report all interest and dividends on your tax return For real estate transactions.item 2 does not apply For mortgage interest pas, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,tater Sign Signature or �_ l Here U.S.person ^j Date S7 Z Z/ Z C i v General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted to another flow-through entity in which it has an ownership interest This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Forn W-9 and ifs instructions.such as legislation enacted regarding the status of its indirect foreign partners,owners.or atter they were published,go to wwwirs.gov/FormW9 benehcianes,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3 See the Partnership Instructions for Schedules K-2 and K-3(Form 1065) Line 3a has been modified to clarity how a disregarded entity completes this line An LLC that is a disregarded entity should check the Purpose of Form appropnate box for the tax classification of its owner Otherwise,it should check the'LLC"box and enter its appropnate tax classification individual or entity(Form W-9 requester)who is required to tile an information return with the IRS is giving you this form because they Car No 102315 ' Fomn W-9(Rev 3-2024) DU BRANDON T. FLANAGAN 955 Dotterel Rd, #2110 • Delray Beach, FL 33444 • (518) 429-9323 • brandon@fm-tennis.com EXPERIENCE FM Tennis I Co-Founder Boynton Beach, FL,Aug. 2015 — Present • -Oversees racquet sports programming and daily operations at a wide range of public and private facilities throughout South Florida. Current locations include Delray Dunes Golf&Country Club, The Delray Beach Club, Valencia Isles,Valencia Grand,Valencia Sound, St. Vincent Catholic School, Gulf Stream School, Newport Bay Club, Lighthouse Point Tennis Center, Country Club of Florida, and the Islands of Cocoplum. • Maximize number of opportunities for tennis participation • Oversee tennis court maintenance at Lighthouse Point Tennis Center • Run large weekend events, such as: Club Championships, Pro-Ams, and Social Tournaments • Responsible for dramatic increase in member participation at all venues • Communicate regularly with Tennis Committees, Boards, and Administrators • Implement effective solutions to improve member tennis experience Delray Beach Tennis Center I Director of Junior Program/Tennis Professional Delray Beach, FL,Jan. 2009 —Aug. 2015 • Increased Junior Program/Summer Camp participation by 700% • Trained and mentored Junior Program staff • Head Coach of the Division 2A, 2B, &3 SPBCWTA ladies teams • Hitting partner for visiting pros such as Pat Cash &Carlos Moya MintFit 111 I Personal Trainer/Group Class Instructor Delray Beach, FL April 2009 —April 2015 Incorporated Tennis-Specific Training with clients The Tennis Academy at Harvard I Director of Tennis Boston, MA, Summer 2008 & Summer 2010 • Responsible for quality of tennis instruction and instructor education • Supervised all camp programs and activities • Conducted three-day orientation and training seminar for staff of 30 instructors Director of Elite Training Program • Organized and executed camp activities for 13-17 year old campers GreatBase Tennis I Student-Assistant/Developmental Coach Tampa, FL, Summer 2005 —2007, Sept 2008 — Dec 2008 De • Studied under and was mentored by Master Coach, Steve Smith 61 EDUCATION AND CERTIFICATIONS Furman University Bachelor of Arts, Health and Exercise Science, May 2008 United States Professional Tennis Association Certified Professional National Strength and Conditioning Association Certified Personal Trainer(2009-2017) ACTIVITIES&AWARDS Furman University, Men's Tennis Team,2004-2007 Scotia-Glenville High School,Inducted into Athletic Hall of Fame,2018 REFERENCES Pat Coyle Owner Whispering Pines Day Camp 1561-396-6608 Rhiannon Aubrey Chief Financial Officer l St.Joseph's Episcopal School 1561-732-2045 Michael D'Arcy Director of TennisI Delray Beach Tennis Center 1561-860-5391 62 Kurt Robinson, USPTA Elite Professional Boynton Beach, Florida Cell (828)381-7181 Kurobinson169@outlook.com About Me An experienced tennis professional with 13 years of on-court instruction, while off court managing teams or constructing new and exciting programs for clientele of all ages. Having a verifiable track record in training clients to meet their own desirable outcomes in tennis and/or fitness levels. Professional Experiences FM Tennis, Boynton Beach, Florida Boynton Beach Tennis Center, 2022-2023 Boynton Beach, FL Tennis & Pickleball Professional • Developed and launched the Center's pickleball programming, expanding participation and community engagement. • Created and led adult tennis clinics and provided private instruction for players of all levels. • Organized a city-wide pickleball grand opening event that attracted over 100 participants and celebrated the debut of the new courts. Country Club of Florida, 2022-2023 Boynton Beach, FL Director of Tennis • Oversees all aspects of tennis operations at a premier private club, including staff management, programming, and member relations. Valencia Isles, 2023-2025 Boynton Beach, FL Director of Rackets (Tennis & Pickleball) • Manages both tennis and pickleball programs for an active adult community, including clinics, events, and court operations. • Ensures high-quality member experiences through customized instruction and well- organized social and competitive play. Ocean Club of Florida, Ocean Ridge, Florida Certified Elite Tennis Professional 2015-2021 • Managed and developed Junior Program • Introduced a Pro-Am monthly Ladder • USTA 4.0 men's league • 1st ever parent child tournament round robin • Inter league junior matches with other local clubs • High performance clinics for men and women • Managed Claymates 3.0 Team with match play and team practices • Ran junior round robin twice a month • Organized and assisted in running yearly club championships • Groomed, maintained, reconstructed, and irrigated clay courts as needed Chevy Chase Club — Chevy Chase, Maryland Certified Elite Tennis Professional 2014—2015 • Developed, organized, and coached junior USTA tournament travel team • Assisted Tennis Director in tournament draw • Organized and Implemented Cardio tennis clinics Methodist University Men's Varsity assistant Coach 2024 - 2015 • Assisted Head coach in organiziti and running team practices • Coached Varsity and JV tennis teams in home and away matches • Assistant PTM Tennis Director For L5 USTA Sanctioned Tournament Other Professional Experiences Upon Request Computer Skills Excel, Microsoft Word, PowerPoint, Social networking, Microsoft Outlook Certifications and Accomplishments Elite Tennis Profession(P1) USPTA Master Racquet Technician (MRT Certified) USTA Sports Science Certified Previous holder of Genius World Record for longest Singles Match Education B.S. in Business Administration with concentration in Professional Tennis Management Methodist University 2010-2014 64 References Scott Reinmund Tennis Director of Ocean club of Florida Cell Phone - 561-870-2567 Abi Donovan Ocean Club of Florida Tennis Committee Member Cell Phone - 636-627-8955 Jim Caccioppo CEO of Jushico, Recipient of private coaching/training/travel management Cell Phone - 646-932-5781 Cy Smith City Of Lakeland, Parks and Recreation Lakeland, Florida Tennis Supervisor/Director Cell Phone - 828-850-0951 • 65 ALLINGTON C. MUTIMER 1055 Crystal Way,Apt I • Delray Beach, FL 33444 • (561) 303-4601 • allington@fm-tennis.com EDUCATION AND CERTIFICATIONS United States Professional Tennis Association Certified Professional Lawn Tennis Association Part II Qualified EXPERIENCE FM Tennis Boynton Beach, FL Director of Tennis, The Delray Beach Club August 2015-Present • Organize 25 annual weekend events • Introduce new adult clinics and junior clinics • Maintain two above-ground Har-Tru courts Delray Beach Tennis Center Delray Beach, FL Assistant Director of Tennis Sept 2008-August 2015 • Managed the Delray Swim &Tennis Club • Responsible for court maintenance on 24 above-ground Har-Tru courts • Directed adult clinics and adult social mixers • Head Coach of SPBCWTA Ladies Teams Raffles Resort on Canouan Island Southern Grenadines Tennis Director/Assistant Director of Recreation July 2006-Feb 2008 • Created new recreation opportunities for resort guests • Directed Tennis Program Lakenham Tennis Club Norwich,England Head Coach Sept 1989-July 2006 • 2004 BTCA Coach of the Year Award Recipient • County coach for Norfolk Junior Tennis • Produced six Norfolk County Junior Champions • Traveled with Norfolk Junior Teams ACTIVITIES Norfolk County Men's Tennis Team, Member '04-'06 66 RACQUET SPORTS PROFESSIONALS ASSOCIATION Hereby certifies that Kurt S. Robinson Has successfully completed all requirements, including an extensive examination of teaching, playing and business skills, necessary for the ELITE PROFESSIONAL tS (erffrti Chief Executive Officer \jENO/ Member No. 65036 Brian Dillman Valid through Dec. 31, 2025 6F9P•V3FU-EDC9-ET1F 67 RACQUET SPORTS PROFESSIo1I 1 ASSOCIATION Hereby certifies that Kurt S. Robinson Has successfully completed all requirements, including an extensive examination of teaching, playing and business skills, necessary for the PROFESSIONAL , S v 7 aft Chief Executive Officer '°�CKIEBp��' Member No. 65036 Brian Dillman Valid through Dec. 31, 2025 7F9B-VK71-2ERK-3HEF 68 3:40 PM FM TENNIS LLC 05/21/25 Balance Sheet Accrual Basis As of December 31, 2024 Dec 31,24 ASSETS Current Assets Checking/Savings BOA 8219 94,998.81 Total Checking/Savings 94,998.81 Other Current Assets Accounts Receivable 100,774.82 Total Other Current Assets 100,774.82 Total Current Assets 195,773.63 Fixed Assets Leasehold Improvement 37,514.33 Furniture and Equipment 71,675 16 Accumulated Depreciation -109,189.49 Total Fixed Assets 0.00 Other Assets Deposit-Rent 20,193.70 Total Other Assets 20,193.70 TOTAL ASSETS 215,967.33 LIABILITIES & EQUITY Liabilities Current Liabilities Credit Cards 44,042.44 Total Current Liabilities 44,042.44 Long Term Liabilities Note Payable-American Express 40,000.00 Total Long Term Liabilities 40,000.00 Total Liabilities 84,042.44 Equity Capital Stock 2,000.00 Paid in Capital 123,000.00 Retained Earnings -64,838.90 Net Income 71,763.79 Total Equity 131,924.89 TOTAL LIABILITIES &EQUITY 215,967.33 Page 1 69 3:40 PM FM TENNIS LLC 05/21/25 Profit & Loss Accrual Basis January through December 2024 Jan -Dec 24 Ordinary Income/Expense Income Revenue 2,210,698.05 Total Income 2,210,698.05 Cost of Goods Sold Resale Items 22,051.81 Subcontractor 1,189,801.95 Tennis Supplies 88,830.24 Total COGS 1,300,684.00 Gross Profit 910,014.05 Expense Advertising and Promotion 17,056.67 Automobile Expense 14,400.00 Bank Service Charges 134.58 Business Licenses and Permits 627.78 Credit Card Discount Fee 39,039.10 Dues and Subscriptions 964.63 Insurance Expense 9,791.47 Interest Expense 10,520 06 Meals and Entertainment 2,368.82 Office Expense 1,702.43 Payroll Expenses Worker's Compensation 6,026.65 Health Insurance 6,297.00 Wages 392,577.15 Payroll Tax 31,919.36 Payroll Processing Fees 2,724.00 Total Payroll Expenses 439,544.16 Postage and Delivery 280.98 Professional Fees 13,810.00 Rent Expense 187,594.13 Repairs and Maintenance 48,159.05 Software Programs &Apps 11,765.56 Supplies 21,741.86 Telephone Expense 3,600.00 Tournament Expenses 3,620.86 Travel Expense 62.98 Utilities 13,058.08 Total Expense 839,843.20 Net Ordinary Income 70,170.85 Other Income/Expense Other Income Other Income Cash Rewards BOA-Other Income 1,592.94 Total Other Income 1,592.94 Total Other Income 1,592.94 Net Other Income 1,592.94 Net Income 71,763.79 Page 1 70 3:41 PM FM TENNIS LLC 05/21/25 Statement of Cash Flows January through December 2024 Jan-Dec 24 OPERATING ACTIVITIES Net Income 71,763 79 Adjustments to reconcile Net Income to net cash provided by operations: Accounts Receivable -59,353.93 AMEX CC#32005 11,453.90 Bank of America-6123 -10,732.55 Bank of America-6123:BOA CC#4403 2,636.05 Bank of Am.#2178 -39.61 Bank of Am.#2178:BOA CC#3068 40.74 Net cash provided by Operating Activities 15,768.39 FINANCING ACTIVITIES Note Payable-American Express 40,000.00 Note Payable-BOA #1305 -8,841.19 Note Payable-Brandon -44,500.00 Note Payable-Allington -48,500.00 Paid in Capital 123,000.00 Retained Earnings -9,000.00 Net cash provided by Financing Activities 52,158.81 Net cash increase for period 67,927.20 Cash at beginning of period 27,071.61 Cash at end of period 94,998.81 Page 1 71 2024 Ratios FM Tennis LLC 1 Working Capital Current Assets $ 195,773.63 Current Liabilities $ (44,042.44) Working Capital $ 151,731.19 2 Accounts Receivable Percentage Acccounts Receivable $ 100,774.82 Current Assets $ 195,773.63 Accounts Receivable% 51.48% 3 Receivables to Current Assets Accounts Receivable $ 100,774.82 Current Assets $ 195,773.63 Receivables to Current Assets 51.48% 4 Long Term Debt Long Term Debt $ 40,000.00 Fixed Assets $ 109,189.49 Long Term Debt% 36.63% 5 Cash Ratio Cash $ 94,998.81 Current Liabilities $ 44,042.44 Cash Ratio 2.16 72 FLANTEN 122111:_21 ,4CoRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/23/2025 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 POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 561-487-6001ACT Brian Ladd Global Insurance Services, Inc PHONE 561-487-6001 FAX 561451-9825 21301 Powerline Road #211 (NC,No,Eat): (NC.Not: Boca Raton, FL 33433 f 'ss.bladd@giservices.net Brian Ladd INSURER(Sl AFFORDING COVERAGE NAIC• y$�tennI INSURER A:Allied World Insurance Co FM Tis LLC I INSURER B: 955 Dotterel Road#2110 I INSURER C: Delray Beach,FL 33444 INSURER D: INSURER E: 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTO I TYPE OF INSURANCEADDL SUB iNSLI..210011 POUCY NUMBER Py�pY EFF pnEXP VVY1 LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 3,000,000 X CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence' $ X Professional Llab 0313-4855 07/22/2025 MED EXP(Any one person) $ _ I PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE S 3,000,000 POLICY JECOT- LOC I PRODUCTS-COMP/OP AGG S OTHER: S AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT S ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS�� ONLY AUTOSNBODILY INJURY(Per accident) S Al'PODS AUTOS ONLY OS yy�ONLY I (Per acc dent)pAMAGE I S UMBRELLA LIAB OCCUR I EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE I AGGREGATE S DED I RETENTION$ I I S WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE] $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H mon space Is required) CERTIFICATE HOLDER CANCELLATION CITYBO5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. Room 115 100 East Ocean Avenue AUTHORIZED REPRESENTATIVE Boynton Beach,FL 33435 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are7I gistered marks of ACORD 2025 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L15000136537 Apr 19, 2025 Entity Name: FM TENNIS LLC Secretary of State 7786856573CC Current Principal Place of Business: 3600 S CONGRESS STE K BOYNTON BEACH, FL 33426 Current Mailing Address: 3600 S CONGRESS STE K BOYNTON BEACH, FL 33426 US FEI Number: NOT APPLICABLE Certificate of Status Desired: No Name and Address of Current Registered Agent: FLANAGAN, BRANDON T 955 DOTTEREL ROAD APT#2110 DELRAY BEACH, FL 33444 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Title MGR Name FLANAGAN, BRANDON T Name MUTIMER,ALLINGTON C Address 955 DOTTEREL ROAD,APT#2110 Address 955 DOTTEREL ROAD,APT#2110 City-State-Zip: DELRAY BEACH FL 33444 City-State-Zip: DELRAY BEACH FL 33444 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: FLANAGAN , BRANDON T MGR 04/19/2025 Electronic Signature of Signing Authorized Person(s)Detail Date 74 Supplementary Statement of Local Business Status FM Tennis, LLC 3600 S. Congress Ave.Ste K Boynton Beach, Fl 33426 I am Brandon Flanagan, a managing member of FM Tennis, LLC. Myself and my partner, Allington Mutimer relocated our Company, FM Tennis, in 2018 to the City of Boynton Beach, Fl. We have been providing tennis lessons, group classes and special tennis events at the Boynton Tennis Center and operated the FM Tennis Performance Center within the City of Boynton Beach. The City Commission and the RFP has stressed its preference for local business utilization and the importance of a Local Business Status Certification Form. I applied for the Local Business Status Certificate from the City of Boynton Beach. This morning, I was advised that it is provided by a third party, and not directly from the City, and it would arrive in appropriate a week. We submit this supplementary statement for proof of our status as a local business in lieu of the Certificate and will provide the Certificate upon receipt from the City's vendor. Please accept the following exhibits: 1. Business licenses reflecting local status; 2. Sunbiz registration from 2019 reflecting local status; 3. Sunbiz registration from 2025 reflecting local status; a. All years between 2019 and 2025 are also in Boynton Beach and excluded as an attachment for brevity. Please advise if you require any additional information to apply the preference points allotted for local business to our Proposal, please ask. Respectfully, Brandon Flanagan 75 2019 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L15000136537 Apr 26, 2019 Entity Name: FM TENNIS LLC Secretary of State 1619653811 CC Current Principal Place of Business: 3111 S CONGRESS AVE BOYNTON BEACH, FL 33426 Current Mailing Address: 955 DOTTEREL ROAD APT#2110 DELRAY BEACH, FL 33444 US FEI Number: NOT APPLICABLE Certificate of Status Desired: No Name and Address of Current Registered Agent: FLANAGAN,BRANDON T 955 DOTTEREL ROAD APT#2110 DELRAY BEACH,FL 33444 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Title MGR Name FLANAGAN,BRANDON T Name MUTIMER,ALLINGTON C Address 955 DOTTEREL ROAD,APT#2110 Address 955 DOTTEREL ROAD,APT#2110 City-State-Zip: DELRAY BEACH FL 33444 City-State-Zip: DELRAY BEACH FL 33444 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:BRANDON T FLANAGAN MGR 04/26/2019 Electronic Signature of Signing Authorized Person(s)Detail Date 76 Renew License Number: 25-00056370 Location ID: 000101279 Business Control: 0037572 Business Information Business Name: FM TENNIS PERFORMANCE CENTER Business Address: 3600 S CONGRESS AVE K BB BOYNTON BEACH FL 33426 Mailing Address: FM TENNIS LLC 955 DU i it litL ROAD APT.2110 BOYNTON BEACH FL 33426 Owner Name: BRANDON FLANAGAN Date Opened: 08/09/2021 Business Phone: (518) 429-9323 Contractor Flag: Type of Ownership: LC Status: Active Business Officers No officers are listed for this business. 77 . . . . . . Renew License Number: 25-00056380 Location ID: 000101279 Business Control: 0037572 Business Information Business Name: FM TENNIS PERFORMANCE CENTER Business Address: 3600 S CONGRESS AVE K BB BOYNTON BEACH FL 33426 Mailing Address: FM TENNIS LLC 955 Du i tKEL ROAD APT.2110 BOYNTON BEACH FL 33426 Owner Name: BRANDON FLANAGAN Date Opened: 08/09/2021 Business Phone: (518) 429-9323 Contractor Flag: Type of Ownership: LC Status: Active Business Officers No officers are listed for this business. 78 I ir+anea Infnrrr, 4 ir►n ItANNE M. G AN N O N P.O.Box 3353,West Palm Beach,FL 33402-3353_ "LOCATED AT" CONSTITUTIONAL TAX COLLECTOR Serving www.Dbctax oov Tel.(561)355-2264 3600 S CONGRESS AVE STE K = Palm Brach County BOYNTON BEACH FL 33426 Serving you. I TYPE OF BUSINESS I OWNER I CERTIFICATION# I RECEIPT It/DATE PAID I AY?PAID 1 __-# I INSTRUCTIONAL CLASSES I FLANAOAN BRANDON T I I B25.515602 3/17/2025 I 301.25 I 6-1.1'-•"4-1 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2024/2025 LOCAL BUSINESS TAX RECEIPT FM TENNIS LLC LBTR Number: 2021141483 FM TENNIS PERFORMANCE CENTER EXPIRES: 9/30/2025 3600 S CONGRESS AVE SUITE K This receipt MUST be conspicuously displayed at the place of BOYNTON BEACH FL 33426 business and in such a manner as to be open to the view of the public. 79 i '' — 1 irr ,n, I) \_ v'"'�.� \ mow, \ , -"`"'il 6ii--.1 Mir All , -, --- , - . F—i— /: . -\- .\ , 111\--1 4 --4......f,'t. .._ , I _ \ _ -\Ill 4....e;`' : `• `'ate t" 10 L Illit ‘i BOYNTON BEACH TENNIS & PICKLEBALL CENTER SERVICES . __,. ... .._ , , . . Presented to: The City of Boynton Beach MAY 23, 2025 RFP No: Presented by: RFP 25-031R FM Tennis LLC Oj/a FM Tennis Performance Center TABLE OF CONTENTS 03 05 14 Letter of Interest Qualifications of Qualifications of FM Tennis Proposer Team 25 55 65 Approach to Scope Facility Upgrades & Business & of Work Five Year Plan Marketing Plan _-- yam 76 i ,,,. , „i„. ..,, .„ \,9. ,.4 - - ,..„ - - woe' .4t41,, ., / -,., Revenue Opportunites . , -,,:. .: Ir''X'' il; - gr. ' MI 2 LETTER OF INTEREST Members of the Selection Committee: FM Tennis has had the distinct privilege of serving as a contractor for the City of Boynton Beach at the Tennis and Pickleball Center since 2019. During that time, we've developed strong relationships with the Center's patrons—an exceptional group of individuals who share our passion for tennis and pickleball.Since beginning our partnership with the City, FM Tennis has expanded to serve 12 additional local clubs, communities, and organizations. Through a commitment to professionalism, integrity, and innovation,we've become the leading racquet sports management company in South Florida. The Boynton Beach Tennis and Pickleball Center deserves an elite management team—one capable of transforming it into the world-class facility the community expects and deserves. FM Tennis is uniquely qualified to lead that transformation. Our experience managing public facilities, our deep knowledge of the Center itself,our strong existing relationships with its users,and our well-established local network of clubs, schools,coaches,and players all position us to take the Center to the next level. In the pages that follow, our comprehensive proposal outlines how we will manage day-to-day operations, fund significant capital improvements,enhance services for residents,collaborate with City staff,and create meaningful community impact. We begin with the most critical component: improving the quality and playability of the facility's Har-Tru courts. Providing a safe, well-maintained,and visually appealing playing surface is essential. Our plan includes resurfacing all Har-Tru courts, upgrading the irrigation system, and instituting daily maintenance protocols under the leadership of our Director of Racquet Sports, Kurt Robinson.With his expertise in clay court maintenance,our courts will consistently meet the highest standards of play. Beyond the courts, we are also proposing an initial investment in updated court accessories and amenities, improved aesthetics throughout the facility, and a refreshed Pro Shop stocked with branded merchandise, accessories, and a Wilson Baiardo stringing machine—the gold standard in racquet stringing technology. Looking further ahead, our five-year vision includes converting Tennis Court 19 into four lighted pickleball courts, complete with spectator seating. This project will meet growing demand for pickleball by expanding evening play opportunities and increasing capacity. It will also support revenue generation through memberships, clinics,lessons, and tournaments.Additionally,the existing six pickleball courts will be upgraded with new partitions,fresh paint,and enhanced fencing. To support and sustain these initiatives, our business and marketing plan is backed by strategic partnerships designed to ensure strong programmatic and financial performance. One key element is our proposed collaboration with LAT Tennis Academy, a Boynton Beach-based business with 16 years of success in developing elite players and scholar-athletes. LAT's involvement will bring consistent court rental income and ensure year-round usage,adding both financial strength and community value. LETTER OF INTEREST We are also proud to include the support and ongoing involvement of Susan Goodman, the longest-serving tennis professional at the Center. With 40 years of experience and deep ties to the women's league community, Susan's continued leadership will help maintain a stable base of long-term permit holders. To further extend our impact and benefit underserved populations, we have secured partnerships with three respected nonprofit organizations: The Delray Beach Youth Tennis Foundation, Love Serving Autism, and GreatBase Tennis Education. Each organization will bring programming that supports underprivileged youth and individuals with developmental disabilities. All three are committed to growing their missions at the Tennis and Pickleball Center. Each of the individuals and organizations mentioned has submitted a signed Letter of Intent as a testament to their commitment and support of this proposal. In the sections that follow, we'll provide greater detail about our team's qualifications, operational strategy, revenue potential for the City,and the community-wide benefits of this plan. We sincerely appreciate the opportunity to submit our proposal and thank you for your time and consideration. Sincerely, Brandon Flanagan Managing Partner, FM Tennis 4 ABOUT FM TENNIS Foundedoca s rocas. Our journey began in 2009, when founders Allington Mutimer and Brandon Flanagan worked together at the Delray Beach Tennis Center. The pair quickly bonded over their shared belief in the transformative power of sport—a belief that's the foundation of our company's mission to this day. Allington and Brandon founded FM Tennis in 2015, when they relocated their adult and junior programs to Indian Spring Country Club in Boynton Beach. 10 years later, with the support of our clients and members, we have expanded our brand of racquet sports and fitness management to (13) locations with a total of (70) tennis courts and (42) pickleball courts. Our offerings include: facility management, clay court maintenance, tennis and pickleball instruction, event planning, pro shop operations, retail management, fitness program management, and fitness training. flik • 4 • '4111'1'1IP r `! ' r. 1111 r U r .# 7 �` - sow ,. 4 'l- 84 ABOUT FM TENNIS WHO WE ARE ' ; :, 40? .,.. , ; ; , • i 2015 54 FM Tennis LLC was founded Staff Members L 6,700 13 Happy Active Clients Locations At FM Tennis, we understand that our company is only as good as the team that represents us. Which is why, during the recruitment process, we prioritize character. We choose to hire candidates who have integrity and a strong work ethic— which are just two examples of the many character traits we emphasize during the hiring and vetting process. We are proud of our diverse team that has come to us from all over the country and the world. 6 85 OUR MISSION & VISION Westrive oma e a os eve impact in our community. At FM Tennis, we are dedicated to enhancing the racquet sports experience through expert management, engaging programs, and high-quality instruction. We partner with clubs, residences, and organizations to create vibrant tennis and pickleball communities— making the game accessible, enjoyable, and rewarding for players of all ages and skill levels. It is our vision, to be the leading racquet sports management company, transforming clubs and communities into premier destinations for tennis and pickleball. Through innovation, inclusivity, and exceptional service, we inspire lifelong participation and a love for the game.4116 witt 4401„- 101114. .4011101111111010.110.110. 40104000, itrio -.a OUR MANAGEMENT PORTFOLIO FACILITIES milor * I, Per „...,, ....„, i ,__ , ... ... N , ,-- f.h .. ._,.. ,„ ,,,, ,,, : 4.,„ • f •I ,. . , , :, ,. n , J __ . i. ....., , ,,. , ,,... '•, til �'�' crY4 f� ���` ' 1 i 'T• A '� AV Mi. :-1- IT = zkt, " 4 l',,, ' „, .... , . , u6Kniotp:::13 , s .- ,\te 4 :11....Ti' it II 111:_i • 1 ' . 71�. ''' It I f II i H L t t. JAN 2019-PRESENT In our nearly seven years as contractors for the City,FM Tennis has provided tennis lessons,pickleball lessons,adult clinics,junior programs, BOYNTON BEACH TENNIS & and junior camps to it's residents.FM helped spearhead the Grand Opening event for the pickleball courts—where over 100 people attended. PICKLEBALL CENTER FM also hosted a demo day for pickleball and tennis equipment. h. JUNE 2022-PRESENT FM funded the renovation of the proshop—establishing a more optimal flow, adding more products,stringing machine,and refreshing the aesthetic. LIGHTHOUSE POINT TENNIS Collaborated with the City in the procurement of FRDAP grant and the LIG HTH ensuring project to convert the courts to hydro and install new fencing. CENTER Increased membership and court rental revenue by 36%and 50%. FM Tennis manages the tennis program and court maintenance at Delray APRIL 2019-PRESENT Dunes—a private country club in Boynton Beach,FL The club has two har- DELRAYDUNES GOLF& tru tennis courts.FM Tennis served as project manager for complete facility renovation in the summer of 2022—to include:hydro conversion of two COUNTRY CLUB courts,new fencing,new lighting,and new accessories. OUR MANAGEMENT PORTFOLIO FACILITIES . , , „. , ,,,i, ,,,,,. ., ,,, , , , . i < ,„ , 4!, / '' s.4` i 1' . al.'? �a`t :// :9/4 ! ! .' , r 1 f i l�4,,N , 1 , . _ . ,.. , //\.‘. . Delra e• ' Club + 4 i 'T II .III ii I,,,,, i i 1 it • ,,. ' - + I - A I AUGUST 2020-PRESENT FM Tennis has a contract to manage The Beach Club's tennis facility and fitness center.The club has over 250 tennis playing members with a four year waiting list to join.We host 25 annual weekend events,created new morning and THE DELRAY BEACH CLUB evening clinics and junior programs.FM Tennis is responsible for the maintenance and overall cleanliness of the tennis facilities. NOVEMBER 2022-PRESENT FM Tennis provides tennis and pickleball lessons and programs to the members of The Country Club of Florida—a private club in Golf, FL FM Tennis also hosts events and racquet sports mixers for the THE COUNTRY CLUB OF FLORIDA club.The club has two Hydro har-tru tennis courts and two pickleball courts. MARCH 2024-PRESENT FM Tennis manages the six har-tru tennis,seven outdoor pickleball,four indoor pickleball,and four bocce ball court facility in Boynton Beach.We manage a pro shop with 50 hours of operation weekly and are responsible for court maintenance of VALENCIA GRAND SPORTS CLUB tennis,pickleball,and bocce. OUR MANAGEMENT PORTFOLIO FACILITIES • . . . „ . _ r� r„ • • VALENCIA SO `JL eryu.S x7 Fvt y.�t "�., „:.. MARCH 2024-PRESENT FM Tennis manages the six har-tru tennis,eleven pickleball,and four bocce ball court facility in Boynton Beach.We manage a pro shop with 30 hours of operation weekly and are responsible for VALENCIA SOUND SPORTS CLUB court maintenance of the tennis,pickleball,and bocce courts. OCTOBER 2023-PRESENT FM Tennis manages the seven har-tru tennis and two pickleball court facility in Boynton Beach.FM has been instrumental in initiating a project to add four new pickleball courts and bocce VALENCIA ISLES RACQUET CLUB ball courts,which will be underway this fall. JULY 2024-PRESENT FM Tennis manages the seven har-tru tennis and four pickleball court facility in Boca Raton.FM offers complimentary monthly NEWPORT BAY CLUB RACQUET tennis and pickleball socials.Personal training is also offered in CLUBD the Newport Bay fitness center.Our pro shop has 50 hours of operations per week. OUR MANAGEMENT PORTFOLIO FACILITIES „, _ -.. . yrs s ti r. 7 lir, . U t ` • 1 vI , 1: rf '-• r APRIL 2025-PRESENT FM Tennis maintains the seven har-tru tennis and two pickleball court facility in Coral Gables,FL FM's staff of maintenance supervisor and three maintenance technicians keeps the courts in ISLANDS OF COCOPLUM pristine condition.FM is also responsible for hurricane preparation. FM Tennis managed the six har-tru tennis and five pickleball court JANUARY 2024-MAY 2025 facility in Boca Raton.FM was instrumental in working with GL Homes to launch a successful racquet sports and fitness program. LOTUS PALM RACQUET CLUB FM's staff also offered personal training and various fitness classes in the clubhouse. FM Tennis provides after school tennis and pickleball instruction AUGUST 2022-PRESENT to students at St.Vincent's Catholic School in Delray Beach,FL We offer classes to children aged 4-11 years old.FM Tennis coordinates with the school staff on attendance and marketing. ST. VINCENT FERRER SCHOOL FM also coaches the Boys and Girls tennis teams—with the Girls team winning the 2025 District Championship. .I OUR MANAGEMENT PORTFOLIO FACILITIES \ ti S ' ''''K . ' 4,-' • ..-'14 -'' 7 k Taf ' A , , , ..._ .. , _ stit i .. Nit: , . , r. (1.- ''', .\ ;Ts.4IN . , i , isrum 106 fra = g r. Mir 444141111iNi.„ .,\ .c., , _ .a. .� Us FM Tennis opened the FM Tennis Performance Center in Boynton NOVEMBER 2021-PRESENT Beach in November 2021.We offer personal training,physical therapy,mental performance coaching,nutrition consultation, FM TENNIS PERFORMANCE cryotherapy,infrared therapy,racquet stringing,retail,and CENTER beverage sales.In addition,the 6,200 sq.ft.facility serves as our company headquarters. JUNE 2019-PRESENT FM Tennis provides tennis instruction for the campers of the Gulfstream School Summer Camp.Gulfstream School is a private school in Gulfstream,FL.FM also provides fitness training as an GULF STREAM SCHOOL after school activity for the students,which is hosted at our Performance Center. FM Tennis provided afterschool instruction to students at St. JUNE 2019-JUNE 2023 Joseph's Episcopal School in Boynton Beach,FL.We offer classes to children aged 3-12 years old.Attendance increased 150%since ST.JOSEPH'S EPISCOPAL FM Tennis started the program.FM also provided tennis coaching SCHOOL for the St.Joe's Summer Camp,called Whispering Pines. OUR MANAGEMENT PORTFOLIO FACILITIES i viii :v, � �---- : 7......\ . ,,,.. _v---. ,,p 3 , , ..1. vr kn. „ it ...7. 'ON \ A/16� A /• {nr�-nor V�_ �, - n r I r 1'. ,5i l w ` _ ._ II r w' 4P ;'; . ,.' � \ \ T ore 1 aiwe X 11/ '~ )PI mai Al \ .1\ '\ ':' 4 JANUARY 2009-AUGUST 2015 FM Tennis principals,Brandon Flanagan and Allington Mutimer were employed by the Delray Beach Tennis Center.Program participation increased 700%under their tenure.Allington was DELRAY BEACH TENNIS CENTER responsible for court maintenance of the 24 clay court city facility,the Delray Beach Swim&Tennis Club. FM Tennis principal owners,Brandon Flanagan&Allington Mutimer, AUGUST 2015-JANUARY 2019 entered a rental agreement with AlA Tennis LLC at Indian Spring Country Club in Boynton Beach,FL.The Academy trained some of South Florida's top juniors in both a homeschool academy and afterschool academy.The INDIAN SPRING COUNTRY CLUB program also offered private lessons to adult players and our popular inTENNSity cardio tennis program for adults. FM Tennis principal,Brandon Flanagan,was employed by The SUMMER 2008 & SUMMER 2010 Tennis Academy at Harvard LLC—a 10 week summer camp at Harvard University.Brandon was the Director of Tennis for the THE TENNIS ACADEMY AT camp—which hosted approximately 150 campers per week.He HARVARD was the training of the instructional staff,which included a three day,30 hour comprehensive on-court and classroom seminar. QUALIFICATIONS OF PROPOSER TEAM PROPOSER TEAM ORGANIZATIONAL CHART Brandon Flanagan I Managing Partner Allington Mutimer I Managing Partner Lawrence Carpio Kathy Reinmund Lisa Pugliese LaCroix Steve Smith Kurt Robinson I Director of Racquets Owner I LAT Academy President I()BYTE CEO I Love Serving Autism Founder I GBTE Academy Coaches Tennis& Maintenance Pro Shop Manager Pro-Shop Clerks(3) Coaches and Coaches and Pickleball Professionals(2) volunteers volunteers Professionals(10) The Boynton Beach Tennis Center is led by Managing Partners Brandon Flanagan and Allington Mutimer, who guide the overall strategy, programming, and development of the facility. Kurt Robinson, Director of Racquets, manages the daily operations, ensuring all departments function smoothly and cohesively.The team is supported by academy coaches,general coaching staff, and volunteers—including those affiliated with local nonprofit partners—who help deliver inclusive, community-focused programming.Additional support comes from our tennis and pickleball professionals, maintenance team, and pro shop staff, all dedicated to providing a high-quality experience for players and visitors. 14 QUALIFICATIONS OF PROPOSER TEAM BRANDON FLANAGAN Managing Partner I FM Tennis I • OPii As a managing partner of FM Tennis, Brandon Flanagan has helped raise the standard of racquet sports facility management throughout South Florida. At the Boynton Beach Tennis Center, his role includes setting strategic goals, overseeing daily operations, and driving long-term growth. With deep roots in the tennis industry, Brandon brings a wealth of experience that will directly contribute to the Center's success. Originally from upstate New York, Brandon began his coaching career as Director of Tennis at the Tennis Academy at Harvard University in Boston, MA. He later relocated to South Florida, where he served as Junior Program Director at the Delray Beach Tennis Center. Since then, Brandon has played a key role in expanding the reach of tennis across all levels, working with both youth and adult players. His professional background includes directing private clubs, developing high-performance juniors, training international champions, and coaching professional tour-level athletes. Brandon credits much of his development to strong mentorship. He was mentored by renowned coach and tennis educator Steve Smith, who created the first accredited collegiate curriculum for tennis professional management, and by elite fitness trainer Mark Wellington, whose clients have included five world #1 athletes. Today, Brandon applies these experiences as a leader at FM Tennis, using his knowledge to mentor staff and implement proven development systems. He is a USPTA-certified tennis professional and an NSCA-certified personal trainer. Brandon holds a bachelor's degree in Health and Exercise Science from Furman University, where he competed under legendary coach Paul Scarpa—the winningest coach in NCAA Division I history. During Brandon's time at Furman, the team won the Southern Conference title in 2006 and achieved a national ranking as high as No. 49. QUALIFICATIONS OF PROPOSER TEAM ALLINGTON MUTIMER Managing Partner I FM Tennis 7444 ,.- •- _.« 4 `• :tr ' M • , p 1 - - s4. - + VS. P4 —�. `44111106 4w. .014 era, 04 00 4.94 �sss�ss�.s��a►s����1, c��sse�ie�i�i�i e��ae" .,414464 44 4406 !�a > e -w- ilersevAi • «!�' .' As a managing partner of FM Tennis, Allington Mutimer brings over 30 years of industry experience to the Boynton Beach Tennis Center. In his role, he will oversee budgeting, implement efficient operations, and uphold the highest standards of court maintenance and presentation. His extensive background in facility management and retail makes him well-equipped to ensure a first-class experience for members and guests. Allington currently serves as the Director of Tennis for FM Tennis at The Delray Beach Club, where he has successfully introduced innovative programming,quadrupled lesson revenue,and played a key role in managing the Club's fitness operations. Originally from Norwich, England, Allington spent 17 years as both a teaching professional and entrepreneurial coach. He represented his county as a player at both the junior and adult levels and was coached as a junior by two of the UK's most respected master coaches, Martin Smith and Brian Blincoe. He later joined their coaching team—Smith having developed several of Britain's top players, including Chris Bailey, Richard Bloomfield, and James Auckland, while Blincoe was instrumental in bringing Sweden's''Mini-Tennis'model to the UK. In 2004,Allington was honored with the National Coach of the Year award by the British Tennis Coaches Association(BTCA)for his outstanding contributions to player development and his commitment to building talent from the ground up. His coaching résumé includes guiding juniors to National Championship titles, ITF-level competition, and international travel throughout Europe and West Africa. After relocating to South Florida in 2008, Allington became the Assistant Director of Tennis at the Delray Beach Tennis Center, where he was responsible for managing the City's 24-court satellite facility at the Delray Swim and Tennis Club. His international coaching background,leadership in program development,and commitment to excellence continue to shape his impact on racquet sports in South Florida. QUALIFICATIONS OF PROPOSER TEAM KURT ROBINSON Director of Racquets I Boynton Beach Tennis and Pickleball Center ttta*á .0- 40*..... loolgrior A A. A. leiabiak - Kurt Robinson has been a valued member of the FM Tennis team since 2022 and exemplifies the core qualities we seek in our racquet sports leaders—integrity, professionalism, creativity, compassion, and energy. With a diverse background and extensive industry certifications, Kurt brings a well-rounded and elite skill set to every facility he manages. He is a USPTA-certified Elite Tennis Professional, a Master Racquet Technician with the USRSA, and a PPR-certified Pickleball Professional. Kurt currently serves as the Director of Racquets at Valencia Isles, where he oversees all tennis and pickleball programming, manages clay court maintenance, and works closely with the facility's Racquet Sports Committee to ensure exceptional member experiences. Before his role at Valencia Isles, Kurt served as Director of Racquets at The Country Club of Florida (CCF), a prestigious private club offering both tennis and pickleball. At CCF, he played a key role in launching creative new programs and delivering personalized service to its membership. Concurrently, Kurt helped kick off pickleball programming at the Boynton Beach Tennis Center,where he also supported the development of FM Tennis's adult programs. Kurt's career includes experience at several distinguished clubs along the East Coast, including Debordieu Country Club(SC), The Dunes Club(RI),Chevy Chase Club(MD),and most recently,the Ocean Club of Florida. He holds a Bachelor's degree in Professional Tennis Management from Methodist University,where he also competed on the varsity tennis team. During his time at Methodist, Kurt received formal training in clay court maintenance, which he later applied extensively in hands-on roles—particularly at the Ocean Club,where he participated in full court resurfacing projects. Kurt continues to use this specialized knowledge to help FM Tennis refine and standardize its clay court maintenance protocols across multiple sites. His combination of technical expertise, leadership, and player-focused service make him an ideal Director of Racquets for the Boynton Beach Tennis and Pickleball Center. IP QUALIFICATIONS OF PROPOSER TEAM LAWRENCE CARPI° Academy Director I LAT Tennis Academy �r+�+++�A, lb !.A • 411111P. .1 4 44 _ a s Lawrence is the Director of Tennis and Owner of LAT Tennis Academy, where he has established a nationally recognized reputation for player development at the highest levels of junior tennis. A former NCAA Division I athlete, Lawrence played #1 singles and doubles at Temple University, bringing that same competitive drive and discipline into his coaching career. Under his leadership, LAT players have captured over 100 ITF Junior titles and more than 20 USTA and international national championships. His coaching résumé includes guiding six players to the #1 national ranking on TennisRecruiting.net and three players into the ITF World Junior Top 10. Lawrence has also produced both champions and finalists at the prestigious Eddie Herr International and Orange Bowl Championships—a testament to his ability to prepare athletes for success on the world stage. Recognized for his excellence, Lawrence has been named to the USTA Player Development Coaching Honor Roll 30 times in just the past four years. Many of his athletes have gone on to compete at top-tier NCAA Division I programs on scholarship, including Harvard, Stanford, Princeton, UPenn, Brown, the University of Florida, Georgia Tech, and the University of Texas, among others. 18 QUALIFICATIONS OF PROPOSER TEAM KATHY REINMUND President I Delray Beach Youth Tennis Foundation • r rhirdiTh k 4. Asir • Kathy Reinmund is the Co-Founder and President of the Delray Beach Youth Tennis Foundation, an NJTL Chapter based in Delray Beach with a mission to enhance the lives of underserved youth through tennis, academic support and life skills. Since its inception in 2015, the Foundation has reached over 1,000 youth in Delay Beach with the program growing year after year to make a bigger impact on the surrounding community. Reinmund has been involved in tennis for most of her life, and her passion for helping kids and finding new ways to develop and expand their current program is admirable for the entire tennis ecosystem. The DBYTF offers a supervised after-school environment that encourages academic achievement, social and emotional development, and health and wellness of children and learning the game of tennis. The program carries out the mission of the NJTL Chapter of the USTA Foundation, which is to combine academics and tennis to change the trajectory of a child. The curriculum offers activities designed to encourage educational processes that include decision-making, problem-solving, and working together toward a common goal. The Foundation recently we received the Yellow Tennis Ball Tribute Award at the 2022 Delray Beach Open. Since it is the only NJTL program in the area, they receive interest from adults who would like to get involved with the program by volunteering. i7 QUALIFICATIONS OF PROPOSER TEAM LISA puGLIEsE_LAcRoix CEO I Love Serving Autism . 11111 LA Lisa has specialized in evaluating and treating children and adults with Autism Spectrum Disorders and Developmental Disabilities for over twenty years. A former collegiate tennis player at Duke University and the University of Florida, followed by WTA tournaments, Lisa enjoys combining her tennis experience and speech therapy background to teach the sport to children and adults with Autism Spectrum Disorders. After working six years as the Florida program director for a national autism non-profit, Lisa was inspired in 2017 to develop her own non-profit, Love Serving Autism, a 501(cX3)organization. • USPTA and PTR Elite Certified Tennis Professional • ASHA certified Speech-Language Pathologist in the field of autism • Adaptive Training and Education Subcommittee, National co-chair, focused on developing adaptive tennis curriculum; elected by USIA in 2021 • 2020-2023 USPTA National Adaptive Task Force, Chair • USTA National's 2022 Eve Kraft Award for community service 20 QUALIFICATIONS OF PROPOSER TEAM STEVE SMITH Founder I GreatBase Tennis I- ` pill GreatBase Tennis Education (GBTE)was founded by Steve Smith. Steve has nearly fifty years of diversified experience in tennis. He has spent a lifetime gathering information, ideas and insights by studying accomplished tennis teaching masters and proven methodologies. Prior to starting the world's first college degree plan and full-fledged comprehensive curriculum for tennis teachers, Steve completed in-depth apprenticeships under Welby Van Horn, Dennis Van der Meer and Vic Braden. Leading tennis educators from around the world conducted monthly workshops during Steve's tenure; a decade of formalized education where students were taught occupational competency as tennis-teaching pro-managers. Students from over forty states and thirty-five countries enrolled in the unique program which was offered at Tyler Junior College in Tyler, Texas. For four decades, Steve has continued to train tennis teachers. He has traveled to over thirty countries conducting clinics and camps. The results of Steve's efforts have created a network of tennis teachers, coaches and administrators who work around the globe. Steve's work can be measured by the number of lives he has touched. For example, his students have won at every level of the game and so have his students' students. Steve and his associates have documented the development of players and have an elaborate tennis library to prove its educational merit. In the event FM Tennis is awarded the bid to manage the Boynton Beach Tennis Center, GBTE would be pleased to offer an annual weekend workshop complimentary for local residents. This event would provide educational opportunities for both parents and youth, promoting community engagement and tennis development. We believe this initiative will foster greater participation and help grow the sport among players of all ages at the Tennis Center. 100 21 QUALIFICATIONS OF PROPOSER TEAM PROFESSIONAL INSTRUCTORS :11: - .- il"• 1„,-4 to., _ 1, 1 , .h, .� 4 , t 1. 44444 „, i v , 1 1! 4 ... ii% I I ft" '.' , / M .. .....Pli • • ! { BILL LINDA JOE BUSIEK CACICEDO FAMIGLIETTI USPTA Certified Tennis Professional& PPR Certified Pickleball Professional USPTA Certified Tennis Professional RSPA Certified Pickleball Professional © ' l, Our team at the Boynton Beach Tennis Center will consist of highly qualified, professional staff who uphold the values of integrity, safety, and community- ' • focused service. All instructors are thoroughly background and reference checked to ensure a t safe and welcoming environment for players of all ages. �,-'�` i' Each member of our instructional team is certified in the sport they teach— SUSAN tennis or pickleball—and brings both technical expertise and a passion for GOODMAN player development.Additionally, all staff are trained in standard policies, safety protocols, and customer service procedures to ensure a consistent, high-quality USPTA Certified Tennis Professional *Signed Letter of Intent Attached experience across all programs and events. 22 QUALIFICATIONS OF PROPOSER TEAM PROFESSIONAL INSTRUCTORS _ .. - , _ - anlricill ' - - ' { . f pr: poi 5041011 ' 0 '- 1111101 In Mal 11 } .� c •a4 .4.'-itr.. •."4, n s NA Y.• 1 _ SARAH MARTYNAS ANDREA HURLEY LUKOSIUNAS ORSOLINI ITPTA Pickleball Professional USPTA Tennis Professional USPTA Tennis Professional Racquet Stringer PPR Certified Pickleball Professional VAZ41/41,4 (41111414,41101111 --> -, V 4141 .- 1PITer: . \, 'Ai& f 1 (a* / iO4", - .wr i WILL GLENNON JACK MABRY SCHAFER SEYMOUR PPR Certified Pickleball Professional USPTA Tennis Professional USPTA Tennis Professional NASM Certified Personal Trainer PPR Certified Pickleball Professional Our staff professionals are valued members of our team and play an active role in delivering a high-quality experience at the Boynton Beach Tennis Center. Each instructor not only brings strong qualifications and experience, but also actively participates in clinics,lessons,and community programming. 23 QUALIFICATIONS OF PROPOSER TEAM SUSAN GOODMAN LEITER OF INTEREST __, City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 May 14, 2025 RE: FM Tennis To whom it may concern, It is my great pleasure to write in support of the application by FM Tennis for procurement of the city contract to manage the Boynton Beach Tennis and Pickleball Center. I have known Brandon Flanagan and Allington Mutimer, the directors of FM Tennis for four years. Without hesitation, I have complete certainty in their exceptional character, suitability and business acumen to manage the tennis facility. FM Tennis has many qualities that set them apart from the rest. Their company has grown exponentially during the past several years. They not only have an existing contract with the City of Boynton Beach, but also several other local facilities. I have been employed as a tennis instructor with the City since 1985. During my current discussions with Brandon, I have been extended the opportunity of joining their staff as a teaching professional. If the bid were awarded to FM Tennis, I very much look forward to be given the chance to be a part of growing the tennis center to achieve its full potential. Their established presence at Boynton in addition to their performance center, youth tennis programs, academies, etc. puts them in a unique position to understand and fulfill the current needs at the tennis center. Please do not hesitate to reach out to me directly at (561) 329-1704 or tenpro394@bellsouth.net if you should have any questions or you would like any further information. ALI. 73(44T4 ./ Susan B. Goodman 2103 APPROACH TO SCOPE OF WORK PREMISES TO BE MANAGED The City of Boynton Beach Tennis and Pickleball Center is located at 3111 South Congress Ave, Boynton Beach, FL 33426. The facility currently has 21-courts in the Southwest section of Boynton Beach that features 17 courts, two hard courts, and six pickleball courts,for residents to use and enjoy for professional training and instruction,recreational and leisure activities. The Tennis and Pickleball Center is adjacent to Barrier Free Park, which residents have easy access to use from the park location. There is 1,596 square foot building on the property that is used by members and non-members for complete services for tennis and pickleball,to check in before play and have access to public restrooms and other services. FM Tennis proposes to manage the Tennis and Pickleball Center operations to include the following: staff supervision, professional instruction, classes, rental fees, revenue sharing opportunities, sales of products, promotions, branding, food, and concessions.FM Tennis to maintain the cleanliness and supply restrooms and pro shop. FM Tennis has the relevant experience and qualifications to produce the desired outcome for the City. FM Tennis to manage the Tennis and Pickleball Center's daily operations for 365 days per year from 5:00am to 10:00pm or a time schedule as approved by the City. Illirr t .' -t:t- `k.k Fr r: ry : • ,: •. ,`rr +t om •ii--. ' N., ,,,,,„ ' .• ' ',II, 2, . 1 1 if'. 4-:-.,.. •..‘. . ' i.. , ...;:.,.... .. .....4., iii, . , I.st 4. ::110 * ' ;, '. . ,.....i"ie. ...4%''i ..,'''''' . .. ,-- ,..L...ktipit-ZE IA ' -.. l'''. `-: ' ir- ,r " '..4"` -#:.-.. .. -. - - • - ..4 ' ''' -3.1%. "v7iir ...• '4 i • . * 4 4 'lit. 0., Ilk..1, WM}..1.-- " a _ —rJA 7. fr APPROACH TO SCOPE OF WORK FOUNDATIONAL PILLARS Y.�r• 1 1 , . of A , WORLD-CLASS OPERATIONS )' 1 1 We are committed to providing patrons with superior facility conditions and friendly customer , 1 ' a 'ry service to ensure a high level of satisfaction. Clean �:� r r Y , ,� 1 ,ti t and safe conditions will be maintained through a 1'1'1' . , 1 1 1 ii , 11,1 ' 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 coordinated effort by all staff members. . , ' '' ' ' ',, 1 1 , jI , , i A 1 1 1 1 1 ; 1 1 I , / 1 1 1 1 1 1 1 , 1 1 1 ' 4 L , , 1 1 1 l l i 1 1 1 1 1 1'1 11 I I 1 , ' 11 1 11 { 1 1 1 1 1 1 1 1 1 1 1'11 1 1'1 1 1 1 1 7 1 1 1 3 1 1 1'( 1 1 1 1 1 1 1 1 1 1 1 I A / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I J --� - A 1 1 1 1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 11 ' 1 • l i I , I • 1 '1 1. ` INCLUSIVE ENVIRONMENT Ai To create an inclusive environment by offering (I affordable membership rates, programs for all ages and skill levels, discounts for seniors, and dedicated initiatives for underprivileged youth and individuals 44.. with disabilities. COMPREHENSIVE OFFERINGS F 0,, A comprehensive range of services, from High . Performance training to Tiny Tots programs, 1 A I' . including leagues, tournaments, camps, special events,racquet stringing,and retail. i' iSt: ' ' F-- - :` r FACILITY OPTIMIZATION Utilizing Playbypoint to streamline registration and payment, offer a variety of programs, maximize facility utilization, and expand ------4 : _ _— weekend hours. -1, ;;; -' Our operational approach is grounded in four key pillars:world-class operations,an inclusive environment,comprehensive offerings,and facility optimization. We leverage streamlined technology through platforms like Playbypoint to enhance the user experience, making registration and payments quick and seamless.Our programming reflects a commitment to inclusivity,offering diverse options tailored to players of all ages,backgrounds,and skill levels.From junior development to adult clinics and social mixers,our comprehensive offerings ensure that every member of the community can engage meaningfully. To maximize impact, our scheduling strategy is designed to optimize facility usage,including extended weekend hours that expand ac e�5end better serve the needs of our growing racquet sports rnmmnnity 26 WORLD-CLASS OPERATIONS COURT MAINTENANCE PLAN DAILY 111111 • Brush, line, address issues • Remove obstacles to agitate all areas to prevent algae and weed build up • Remove dead material • Check condition of lines • Check and monitor court irrigation • Wipe down net tapes to prevent mildew buildup _ s •Clean Tennis-Two-Steps twice daily • Special Intensive Repairs, Paint, Weeds, Scrape • Brush and line before evening play • Hard Courts: Blow surface and squeegee • Inspect fencing for safety hazards • Roll courts to achieve desired hardness • Use electric leaf blower to clean sidewalks and pathways •Sweep common areas • Empty and dispose of tennis court and common area trashcans •Wipe down all tables, chairs and ball trays '. ,, r , • • Remove trash from courts and cabanas twice daily - , • Clean and wipe down exterior furniture . taj 'ft • Ensure water is available for patrons f `"- • + f r FM Tennis staff to follow current Har-Tru Maintenance Manual ' mow guidelines. FM Tennis to provide all necessary equipment and • Astook furnishings to successfully operate BBTC. WORLD-CLASS OPERATIONS COURT MAINTENANCE PLAN FM Tennis to adhere to all Parks & WEEKLY Recreation rules and regulations. FM Tennis will notify the City is any unsafe conditions arise and will close courts until resolved. •Scrape,thin,weed •Spray algaecide on hard pan areas FM Tennis will not alter the BBTC or its • Clean and organize shed landscape. FM Tennis will provide all •Wipe golf carts necessary material and equipment to • Monitor condition of nets maintain a clean and presentable racquet • Fix windscreens & check net heights sports facility and pro shop. • Add clay in low-laying areas to prevent line exposure Supervised by our Director of Racquet • Exterminate pests in humane manner Sports—Kurt Robinson—our maintenance • Eradicate graffiti with matching paint team will diligently tend to the court • Add two bags/court of magnesium chloride conditions on a daily basis. every 1-2 weeks •Wipe down court umbrellas and canopies , ri t dianillw no Tow WI MOW AIMr /at l s t .1'', ,•'S' i- '' :t‘ 6 400W:4 N . - ft a. 107 28 WORLD-CLASS OPERATIONS COURT MAINTENANCE PLAN Our court maintenance plan includes both MONTHLY monthly and yearly tasks to ensure optimal playing conditions and facility longevity. • Clean fountains& mold/mildew areas Monthly responsibilities include cleaning • Dispose of old clay fountains and areas affected by mold or • Replace tidy trays as needed mildew, disposing of old clay, replacing tidy • Pressure wash hard courts as needed trays as needed, and pressure washing hard courts. On an annual basis, we add 1-2 tons of fresh material per clay court, ANNuALLy replace lines and resurface as necessary, and update worn equipment such as nets and windscreens. This proactive approach •Add 1-2 tons of fresh material per court ensures a clean, safe, and professional • Replace lines and resurface courts as needed environment for all patrons. • Replace worn or damaged nets • Replace damaged windscreens —> Nip4.4 !J get .J'. -4d.„ 4 1i98 WORLD-CLASS OPERATIONS FACILITI CLEANLINESS PLAN We follow a rigorous cleaning protocol to maintain a TWICE DAILY safe, sanitary, and welcoming environment for all patrons. High-contact surfaces and restrooms are cleaned and disinfected twice daily, with additional • Clean and disinfect all frequently tasks such as sweeping floors and emptying trash. contacted surfaces Daily cleaning includes restocking essential supplies, • Sanitize bathrooms including but not mopping and vacuuming the pro shop, removing all garbage, and wiping down mirrors and windows. On a limited to: toilets, sinks, showers, and monthly basis,we perform deep-cleaning tasks such as floors scrubbing floors, cleaning baseboards, dusting high •Sweep floors surfaces, and removing scuff marks. This structured routine ensures the facility remains clean, hygienic, • Empty trash and presentable at all times. DAILY • Replenish supplies such as: soaps, toliet paper, and hand towels 1/4 • Mop, and vacuum pro shop floors • Remove all garbage from bathrooms and pro shop • Wipe down all interior windows and bathroom mirrors MONTHLY • Clean baseboards • Dust window ledges, tops of partitions, blinds • Remove scuff marks ' f k • Machine scrub floors WORLD-CLASS OPERATIONS FRIENDLY CUSTOMER SERVICE I Ii , , ' a . ......., ._„ .1 f. 4114111P 10 4i . k .-. 1 I it: •Phones answered by third ring with consistent greeting,"Thanks for calling the Boynton Beach TELEPHONE Tennis and Pickleball Center,how may I help you?" •Request for permission to transfer call or place on hold •Voice mail messages shall follow the Customer Service Guideline •Messages will be responded to promptly •Before terminating call,staff will ask if any further assistance is needed •Solutions will be provided at the customer's request and thank the individual for calling •Respond to customers in a courteous manner—if solution customer requests is not PERSONAL CONTACT reasonable,offer a logical explanation and always treat the customer with respect •A receipt must always be provided to the customer •Wait time without an appointment should not •Provide accurate and appropriate solutions or direct the customer to another exceed 30 minutes or should be scheduled for a staff member who can help mutually convenient time WRITTEN CORRESPONDENCE •All written correspondence to start with a greeting •E-signatures to include name,title,and contact number •Activate email out-of-office when away for extended periods •Acknowledge receipt of emails within two business days •Use correct spelling and grammar 1 4 FACILITY HURRICANE PLAN 11 I. failing prepare, yyou are preparingfail." - en aminFranklin Upon learning of forecasted Hurricane or Tropical Storm with strong winds to affect Boynton Beach—and with proper coordination with City officials, FM Tennis personnel will execute steps to safely prepare the facility to prevent any unnecessary damage.These steps include: •Roll windscreens •Store/secure all outdoor furniture and equipment •Remove any tied down awnings and store •Install/close hurricane shutters of Pro Shop After storms have subsided, FM Tennis will coordinate with the City to determine schedule to reopen facility and address any storm related issues. Al111 va 1 ,•rii; ,. 14r i 16 ANt'-, # **/, ' "sr.# -I ' I , - v '�'Aws I'j F it - i iii � ` \ � _��;j .../a=; `' A■ '. i a — l• 32 FACILITY SECURITY PLAN SECURITY PROCEDURES Sit • MI 1111 44lit )1 ( cr � We will implement practical and consistent security procedures tailored to the open nature of the Boynton Beach Tennis Center. Our approach includes regular staff walkthroughs of the facility, ongoing monitoring of equipment and infrastructure, and coordination with city personnel and local authorities when needed. Staff will be trained in safety protocols, emergency response, and incident reporting to ensure a prompt and professional handling of any situation. While the park remains open to the public, our procedures are designed to promote a safe, respectful, and secure environment for all users. INCLUSIVE ENVIRONMENT AFFORDABLE PRICES + MORE PERKS _,„ ,, . :. ,,x aL N .,. f.. . , 1 1 / + _. . liTENNIS INDIVIDUAL --> TENNIS FAMILY - PICKLEBALL INDIVIDUAL $310R/$41ONR $465R/$1O5NR W $250R/$375NR Price for annual tennis Price for annual tennis Price for annual pickleball membership for an individual. membership for a family.Residents membership for an individual. Residents of the City receive a of the City receive a discounted rate. Residents of the City receive a discounted rate. Members can book Members can book court times in discounted rate. Members can book court times in advance and free of advance and free of charge. courttimes in advance and free of charge. charge. i FM Tennis agrees that the City through Mayor and Commission shall set the membership rates. Our objective is to increase membership by showcasing the value of becoming part of a vibrant,welcoming community.We believe this approach will inspire Boynton Beach residents and other Palm Beach County locals to join and actively engage with the Tennis Center. In addition to free court time and advanced booking privileges, members will enjoy exclusive benefits such as discounted rates on lessons and clinics, special pro shop discounts, and early access to tournaments and special events. INCLUSIVE ENVIRONMENT PROGRAMS FOR ALL AGES & LEVELS _ _ _› . ._ _,;„,.... ... . .-4, = w ADULTS 4 _ - -', • } '4%. °-- '. Innovative tennis and pickleball programs for adult VT players of all ages and levels are the lifeblood of an P: a active tennis center.FM Tennis to maintain existing leagues,stimulate new leagues,increase the variety of adult clinics offered,and introduce more opportunities - r 4 for friendly competition through mixers and - ds _- tournaments. IL( ,. , i r 4044 ... _ ' �. JUNIORS I '' The importance of a robust junior program cannot be ,,S,• overstated.Participation statistics show that juniors {'"'' 410- aged 6-17 constitute 24.5%of all tennis players in 1 n�f�tP Y 'r�'rFlorida.Our goal is to provide programs,camps,and I,v:'`,1 tournaments for juniors of all ages and level.We also tis 'i` 1 41 ;, plan to offer youth instruction for America's fastest ill I growing sport—pickleball! ill --- 11101i • FM Tennis is committed to delivering a well-rounded slate of IA SENIORS programming that serves the entire community—from juniors to seniors. We will maintain and expand adult tennis and pickleball Seniors are crucial to communities by offering wisdom, offerings through leagues,clinics,mixers,and tournaments to foster a guidance,and support.Staying active is critical for vibrant,social playing environment.Our junior programs will emphasize elderly individuals because it significantly impacts their skill development and growth through age-appropriate instruction, physical and mental health,allowing them to maintain camps,and competitive opportunities in both tennis and pickleball.For independence and enjoy a higher quality of life.For these seniors, we will offer weekly discounted clinics designed to promote reaons and more,FM Tennis is excited to offer weekly physical activity, social engagement, and overall well-being. Together, these programs reflect our mission to make the Boynton Beach Tennis discounted clinics for local senior citizens. Center a welcoming,active hub for players of all ages and skill levels. 14 INCLUSIVE ENVIRONMENT YOUTH TENNIS FOUNDATION „.. .,, • !a iti r Iry n94, \ j __ $ • Mi. t — r'"'i'3`f' FE .. . i'uffiliflfdl� ADP r .. �y+t '� 1 aMillill ;�`� .► �i T x 41 TENNIS INSTRUCTION The Defray Beach Tennis Foundation will lead youth tennis instruction, providing accessible, high-quality programming focused on underserved communities. With a mission to develop life skills through tennis, the Foundation offers structured, age-appropriate training led by certified coaches, ensuring both athletic and personal growth. The Delray Beach Tennis Foundation complements its tennis ACADEMICSUPPORT programming with academic support designed to empower youth both on and off the court.Through homework help, tutoring,and mentorship,the Foundation fosters a well- rounded environment that promotes educational success, personal development,and long-term achievement. LIFESKILLS The Delray Beach Tennis Foundation integrates life skills development into all aspects of its programming.Through mentorship,teamwork,leadership activities,and community engagement,the Foundation equips youth with the tools they need to succeed both on the court and in everyday life. DEl RAY BEACH Y UTH TENNIS FOUNDATION TENNIS EDUCATION LIFE SKILLS Mr. Brandon Flanigan FM Tennis 3600 South Congress Avenue, Suite K Boynton Beach, FL 33426 Dear Brandon, Thank you for contacting us regarding the Delray Beach Youth Tennis Foundation, and the opportunity to partner with you in the future. We appreciate your support and promotion for our events over the last several years. Our program was founded in 2015 as a 501(c)3 non-profit organization. The program was developed by two sisters Peg Perez and Kathy Reinmund who shared a passion for tennis and education. We are currently a member of the USTA National Junior Tennis and Learning (NJTL) Chapter which is part of USTA Foundation. The Delray Beach Youth Tennis Foundation's (DBYTF) mission statement is to enhance the lives of under-resourced youth through tennis, academic support and life skills. Our goal is to ensure that all children, no matter where they come from, have the chance to be successful in all aspects of life, including tennis. We are dedicated to helping underprivileged youth reach their maximum potential by providing them with the resources they need based on the premise that athletics can transform lives for the better. Tennis is not just about hitting balls across a net. It's about building character, teamwork, focus, discipline, and knowing the value of hard work which can help children succeed in life. Since its inception the foundation has reached over 1000 youth in Delray Beach and the surrounding Palm Beach County serving over 100 children weekly at 5 different locations. One of our shining areas is the USTA National Essay Contest where children aged 8-16 participate in writing an essay answering a thought-provoking question that requires research and analysis. Since 2015, DBYTF has had two national winners and 8 Florida Section winners. 11714 Dunes Road, Boynton Beach, FL 33436 561-332-1000 www.delraytennisfoundation.org The program has attracted support from leading tennis players globally, and some of the largest corporations nationally. We are fortunate enough to partner with U.S. Open Champion Coco Gauff, current top 20 player Francis Tiafoe, and former top five ranked player Kevin Anderson. Corporate industry leaders such as RBC, Bank of America, Morgan Stanley, Publix, BMW, and Dicks Sporting Goods have provided financial support. Complementing this corporate support has been the generosity of the USTA, local businesses, foundations, families, and volunteers all aiding our cause. DBYTF has been able to help bring the community together to unite people for a common cause. We are excited to potentially collaborate with FM Tennis and the Boynton Beach Tennis Center to help our local youth. The Boynton Tennis Center's central location and access to tennis courts would be an amazing opportunity to continue providing more opportunities for children. To use a quote from the late Arthur Ashe who was a model for our program "Start where you are. Use what you have. Do what you can" With FM and the Boynton Beach Tennis center we would be able to provide many the pathway to do a lot. We look forward to working with you in the future. Sin.-rely, athy Rei/ und, President 1� INCLUSIVE ENVIRONMENT LOVE SERVING AUTISM .,, tt, , . , ii.,„ c\t", ,, . ,,, .. (lb t S di° 0 ...,, N. ,' 11111)01 1111111:1°1111111:111 !"IC 112 1 A ,d • a 40 to • 1 "Love Serving Autism," founder Lisa Pugliese-LaCroix has worked closely with FM Tennis, coordinating with our staff for her non- profit program at the Boynton Beach Tennis Center. Our partnership with Love Serving Autism would reinstate the LSA program at the Tennis Center and provide support to her staff. LSA provides individuals with autism and spectrum disorders specialized therapeutic tennis instruction. LSA promotes diversity and inclusion, increases awareness and understanding of disabilities, and reduce the stigma associated with them. Additionally, these programs can foster more diverse relationships, encourage empathy and understanding,and provide opportunities 11 gfor people with disabilities to contribute their skills and talents. 39 1*�4��►� LIVE WWW LOVESERVINGAUTISM ORG ♦��� A 501(031 Nonprofit Organization 110 SERVING AUTISM 561-331-1903 11231 U5 Hwy 1 #158 North Palm Beach,FL 33408 May 12, 2025 To Whom It May Concern, On behalf of Love Serving Autism, I am pleased to formally express our intent to renew our valued partnership with FM Tennis at the Boynton Beach Tennis Center.This collaboration has played a vital role in delivering therapeutic and inclusive racquet sports programs to individuals with autism and special abilities in our community. From the beginning,the Boynton Beach Tennis Center has offered a warm, welcoming, and supportive environment for our athletes, volunteers, and families. The success of our program reflects the strong shared commitment between Love Serving Autism and FM Tennis to promote inclusion, physical wellness, social interaction, and skill development through adaptive tennis instruction. Looking ahead, we are excited to build on the progress we've made together. Our goals for the upcoming year include increasing program participation, offering enhanced training for our coaches and volunteers, and further refining our curriculum to address the evolving needs of our athletes. With continued access to the Boynton Beach Tennis Center and the ongoing collaboration with FM Tennis, we are confident we can expand our reach and deepen our impact within the community. We are grateful for your continued support and look forward to another successful year of partnership. Thank you for helping us advance Love Serving Autism's mission of inclusion and empowerment through racquet sports. Sincerely, ccal.L 04 G e4e-VGr.( :x Lisa Pugliese-LaCroix, Love Serving Autism Founder Lisa@loveservingautism.org 561-331-1903 119 40 INCLUSIVE ENVIRONMENT GREATBASE TENNIS EDUCATION „,,,,,„„„ , __ ( 4 -vire 4' ,_,„,, ,,-. 1100 / /I / / / /// / /I II / i i I I// / / I . i I 1 / \ , """"milauJ i ,, aio r ri _ ,.., r i Wes r r / //11 / /l/ / i / -- lIl I =E '' 411, 141111.1111"1.1.'- ii kit V. IE - ri.,,, , ." ,,e Ai p Irl r rI ,A f ' il• it) . f1 )*0 ° ? l '; # 1 1 I I i ' ik: 11 OP 110 0 A . '' 4411.111:>TIVIII0 111 \O ' if 1 0 r Iiiit Through our collaboration with GreatBase Tennis, we incorporate a proven, fundamentals-driven system designed to build technically sound and well-rounded players. GreatBase emphasizes education for both players and parents, with a focus on long- term development over short-term results. As part of this partnership, Steve Smith will offer a special weekend workshop— designed to foster engagement, learning, and community connection. This workshop will be available free of charge to City of Boynton Beach residents, providing a valuable resource for families interested in quality tennis instruction and shared development. 12,E � s GreatBase TENNIS To Whom It May Concern: GreatBase Tennis Education (GBTE) is a non-profit organization that has provided free educational content for over twenty years. Its mission is to make tennis instruction more affordable and accessible. The curriculum is rooted in six decades of tennis study and incorporates the work of master teachers and proven methodologies,shared through various platforms (www.greatbasetennis.com). As GBTE's founder, I designed and directed the first comprehensive curriculum and degree program for students pursuing careers as tennis teaching pro-managers in 1981. This pioneering academic program attracted tennis enthusiasts from around the world.Today, our educational work continues to expand through a global network of associates dedicated to improving the growth and welfare of tennis across six continents. FM Tennis, a Boynton Beach-based company, is an affiliate of GBTE and provides services to both public municipalities and private clubs. Its founder and COO, Brandon Flanagan, is a longtime associate of ours. Prior to launching FM Tennis, Brandon implemented the GBTE system at the Harvard Tennis Camps and the Delray Beach Tennis Center, developing a specialized skill set in training both players and coaches. The collaboration between myself, Brandon Flanagan, and their respective organizations remains active and impactful. FM Tennis staff and students regularly utilize GBTE's free resources, and FM has hosted and conducted numerous GBTE workshops throughout Palm Beach County. Our shared mission has supported tennis growth in a positive, community- focused manner. In the event FM Tennis is awarded the bid to manage the Boynton Beach Tennis Center, GreatBase Tennis Education (GBTE) would be pleased to offer an annual weekend workshop for local residents. This event would provide educational opportunities for both parents and youth, promoting community engagement and tennis development.We believe this initiative will foster greater participation and help grow the sport among players of all ages at the Tennis Center. Sincerely, Steve Smi GreatBase Tennis Founder Email: smithsl0s@aol.com Cell: 813 966-2607 161 INCLUSIVE ENVIRONMENT ADAPTIVE WHEELCHAIR TENNIS 4 , ii .., , , ,, ,,, ‘, . . i 4,„ ' ill" „: ,. .., ,,,„r , l kili s I •. 11 I ilk NI I I IF: iti' ,. . , _ 41)..1411111144\ „ . d d + a 741 i •If / yfrfati-A ill" . 6 r r, r •-,• � OSA ' . oldl?' r. It.r ••M. i fr a'S •W kW./ ..6 =114 ■ wii ■ 1( is; w: ;wog ii I 11111141- :AC. ‘i , Niiiwys.•0 iloachnimp. --iNs. -- i ?top, - --, . • . , Ilr t 1. , IMMO /..i,'• i • ' 4 ,. As part of our commitment to accessibility and inclusion, FM Tennis proposes offering Adaptive Wheelchair Tennis twice a month for juniors and adults at the Boynton Beach Tennis Center. In partnership with the LISTA,the program will introduce participants to the sport in a supportive and welcoming environment. FM will provide sport wheelchairs, allowing individuals with physical disabilities to fully experience the game.This initiative aims to expand community engagement and make tennis accessible to all. 12i COMPREHENSIVE OFFERINGS WEEKLY ADULT & JUNIOR CLINIC SCHEDULE TENNIS PICKLEBALL 7:30am-8:30am Early Birds w/Bill MON 8:30am-10:OOam Ladies Team Practice w/Susan 10:00am 11:OOam Cardio Pickleball w/Will 4:OOpm-5:OOpm Green Ball Juniors w/Kurt 6:30pm-8:OOpm inTENNSity 3.0+w/Joe 8:30am-10:OOam Ladies Team Practice w/Susan 9:OOam-10:OOam Intro to Pickleball w/Sarah TUES 10:00am 11:30am Live Ball 3.5+w/Marty 10:OOam-11:OOam Pickleball 101 w/Sarah 4:OOpm-5:30pm Yellow Ball Juniors w/Kurt 4:30pm-5:30pm Pickleball Juniors(7-12)w/Sarah 6:30pm-8:OOpm Men's Night w/Joe 7:30am-8:30am Early Birds w/Bill WED 8:30am-10:OOam Live Ball 3.0+w/Andrea 10:OOam-11:45pm Kings&Queens w/Andrea 4:OOpm-4:45pm Red Ball Juniors w/Kurt 4:30pm-5:30pm Pickleball Juniors(7-12)w/Sarah 6:30pm-8:OOpm inTENNSity 4.0+w/Glennon 9:OOam-10:30am Drills&Skills w/Marty 9:OOam-10:OOam Intro to Pickleball w/Sarah THURS 4:OOpm-5:OOpm Orange Ball Juniors w/Kurt 10:OOam-11:OOam Pickleball 101 w/Sarah 6:30pm-8:OOpm Millennial Tennis w/Jack 5:15pm-6:15pm Teen Pickleball w/Jack FRI 9:OOam-10:30am Ladies Doubles Strategy w/Andrea 10:15am-11:45am Perfecting Pickleball w/Andrea SAT 8:30am-10:OOam inTENNSity 4.0+w/Andrea 8:30am-10:OOam Games&Strategy w/Will 10:OOam-11:OOam Nut'n But Games w/Andrea 10:OOam-11:OOam PickleFit w/Will The proposed weekly schedule at BBTC offers a robust lineup of tennis and pickleball programming tailored to all ages and skill levels.Planned offerings include adult clinics,junior development sessions,team practices,and social events.Pickleball programming features beginner instruction,youth classes,strategy clinics,and recreational play.Activities are scheduled throughout the day to ensure broad accessibility and encourage consistent community engagement. Clinic Pricing: • 1.5-hour clinics:$35(non-members)/$30(members) • 1-hour clinics:$25(non-members)/$20(members) • Senior Discount:$5 off select sessions(e.g.,Early Bird,Intro to Pickleball,and Pickleb1l6 ,1 Note:Schedule and pricing are subject to change based on seasonal demand and program updates. 1 LJ 44 COMPREHENSIVE OFFERINGS TENNIS LEAGUES Tennis leagues play a vital role in fostering consistent participation, building a sense of community, and driving long-term facility growth. By offering structured,recurring play,leagues encourage players of all levels to stay active and engaged throughout the year. They promote friendly competition, social connection, and skill development in a fun, inclusive environment. For facilities, leagues help increase court utilization, strengthen member retention, and create natural opportunities for additional programming, such as clinics, socials, and tournaments. Ultimately,a strong league culture helps transform a tennis center into a ... vibrant community hub. \ 1� FH SPBCWTA .... 1 The South Palm Beach CountyWomen's Tennis Association offers \ 0, v. • �• competitive doubles play across various levels.BBTC will support and host teams,providing a home for women's league tennis in the local ,�# community. 0 t '*4ik'- ck re PALM TENNISNillikit Palm Tennis offers flexible,competitive singles and doubles play for adults across various skill levels.By supporting Palm Tennis 0 participation,BBTC will provide players with more match opportunities and promote year-round engagement in the sport. go USTA USTA Leagues provide structured,competitive team play for adults of all levels,with pathways to local,regional,and national championships.BBTC will serve as a host site for league matches,supporting a thriving community of players and promoting year-round competitive play. 1 Pl" IN-HOUSE BBTC will offer in-house leagues to provide fun,competitive match play in a convenient,community-based format.Open to all levels, these leagues foster camaraderie among members and keep players active and engaged year-round. 4 Lc COMPREHENSIVE OFFERINGS LEAGUE PLAYER TESTIMONIALS s __ "I can only speak about FM Tennis and Brandon and Allington in 1 `� ' su erlatives. Theyhave I 1 , p a e been involved with Boynton tennis for many k. ;s - • years providing exceptional tennis instruction and clinics and have j Z7) '41 generously participated in our club tennis fundraisers. They have been an amazing asset to the Boynton Beach Tennis Center members f -- and are loved and respected by all. They would be the best possible choice to manage the Boynton Beach Tennis Center." • A. Elizabeth Tyrrell, • Captain, SPBCWTA A2 and 55-1 teams @ Boynton Beach Tennis Center Boynton Beach Tennis Center Ladies SPBCWTA A2 Team 1 first met Brandon almost a decade ago. During that time he has built genuine relationships with the members of the BBTC and extended himself beyond the game of tennis. I have witnessed that first hand.With the loss of my husband two years ago, I struggled with playing and was not sure I would find my way back to tennis.I was gifted lessons with Brandon from my teammates and through working with Brandon,he got me back into the game. It was not just the techniques and coaching but the compassion,patience and motivation that allowed me to regain my confidence and love for the game. Brandon is an integral part of the BBTC and a large part of our success is due to him. He has built a rapport with the members of the club and has helped to create a community that others want to be part of.He knows what it takes to make it run successfully each and every day.We would be lucky to have his company lead our club!" Donna Burnett SPBCWTA A2 and 55-1 teams @ Boynton Beach Tennis Center 'I am strongly in agreement with FM Tennis taking over the operations of The Boynton Beach Tennis&Pickleball Center.Brandon Flanagan&Alington Mutimer,co-founders of FM Tennis,were very excited when they first arrived at our center and loved interacting with every member of the center.We were excited to have them there. FM Tennis was a major boost to the operations of the center when they arrived a few years ago.Within the first week of their arrival,the center was bustling with so much activity like never before.In just a few weeks,the center had six or more instructors with clients from all over the county. They initiated Saturday Cardio Classes,which was a huge hit with so many participating.The center had never seen so much fun activities.I would love to see them manage to the Boynton Beach Tennis&Pickleball Center!' Bobby Borden Member-20+years @ Boynton Beach Tennis Center 1 COMPREHENSIVE OFFERINGS PICKLEBALL LEAGUES 4POPe . .,,,,LIV 4 , . ....- ., .., 4,_... 4 0 iriff ilk1614,..-r4-A.10'.4-k; 0:4' 7 OP - ..,,,,,i,„.„, 4? , .. .:4,4, , .,,,, ..---i i I ot,--- .0, . \c„, ,., ,........ i _ ;#- _7 . .1 or :. ' ill ,..\....:4", 2 4v....:* 0:1:'1prfrA ,fol. . 4 t ' ' 4..• 4 'Of ir . • JO( i . is II -49 , 4000( 16 -Al 4111P 0 Fli BOOMERS PO POWER PICKLEBALL Co-ed Pickleball league for ages 55& over League exclusively for women to support women's social and physical health Fil PBC SENIOR LEAGUE go DINKMASTERS League for Men and women 55&over Adult league for men and women 25+ FM is well-versed in the local pickleball leagues thanks to our participation in all of the above leagues at our various facilities. We are familiar with the unique rules of each league and have close relationships with the league organizers. Leagues encourage healthy competition and drive team unity and camaraderie. League competition also drives business—as players become more motivated to improve. Our proposed plan to convert tennis court 19 would allow for participation in the popular Dinkmasters league, which is played at night. 126 47 COMPREHENSIVE OFFERINGS COMMUNITY EVENTS L.' ' - , +.r ‘1111 'Nip..It 0 40- 0 iiii . , ... ... , , , , _,,=____,_ ........1., I. ,„: • 0 _ • ' ,,,.. . , _ _lk. . P Pr HOLIDAY BBPD vs. FM- ' ' ... MIXERS BBFR PALOOZA FM will coordinate tennis and FM proposes a charity pickleball PAn annual FREE event for 0 pickleball mixers and round event where Boynton Police / members of the community.To robins centered around the competes against Boytnton Fire. include:games, prizes, L. various annual holidays. Funds raised will benefit the entertainment,and food trucks. winning team's charity of choice. FM Tennis is committed to building strong community connections through fun, inclusive events that bring people together on and off the court. Holiday-themed tennis and pickleball mixers will be hosted throughout the year, offering social play opportunities tied to seasonal celebrations. A signature BBPD vs. BBFR Pickleball Challenge will feature a friendly competition between local police and fire departments, fostering civic pride and community support. Additionally, the annual FM-Palooza will serve as a free, family-friendly celebration open to the entire community, featuring games, prizes, entertainment, and food trucks—creating an unforgettable day of connection and fun at the Tennis Center. 127 48 COMPREHENSIVE OFFERINGS ADULT & JUNIOR TOURNAMENTS USTA A variety of USTA-sanctioned tournaments will be hosted, including junior, adult, and ROGY (Red, Orange, Green, Yellow) events. These • tournaments support player development at every stage, attract regional participation,and elevate the Boynton Beach Tennis Center as a competitive and community-focused venue. -� UTR UTR (Universal Tennis Rating) events will offer level-based play opportunities for both juniors and adults. These tournaments provide balanced,meaningful match experiences and support player growth at every skill level,positioning the Boynton Beach Tennis Center as a hub for competitive development. rrF " •...... -- ITF(International Tennis Federation)tournaments will bring high-level '' junior competition to the facility, offering international ranking opportunities and elite match play.These events enhance the center's {� I reputation as a destination for global tennis talent and player `? 9°4•L ►� " advancement. ` Tt r aZ a • -� PICKLEBALL Pickleball tournaments for all levels will be held throughout the year, featuring inclusive formats for recreational players and"Moneyball" events for advanced and pro-level athletes. These events promote community engagement,attract competitive talent,and reinforce the center's status as a premier venue for pickleball. J Together, these USTA, UTR, ITF, and pickleball tournaments create a dynamic year-round calendar of competitive play. By offering events for all ages and skill levels—from beginners to elite athletes—the Boynton Beach Tennis Center will serve as a vibrant hub for local engagement,player development,and regional recognition. 1i& COMPREHENSIVE OFFERINGS SCHOOL BREAK CAMPS , . ....0.... • �I .. `4\ - , I. IA i ' .,. . , .. A 1.1 ..- , \,. A ' ,-..e'r.1 . I' II.IIlL ' ' \T 1 ,.. .si.v. ; P • A comprehensive 8-week summer camp will be offered for all SUMMER CAMP levels of tennis and pickleball players, providing a fun, structured environment for skill development, fitness, and social connection. With age-appropriate instruction, games, and match play,the camp will serve as a cornerstone seasonal program for juniors of all abilities and an excellent introduction to lifelong racquet sports. A 1-week Spring Break Camp will offer tennis and pickleball SPRING BREAK CAMP instruction for players of all levels,combining high-energy drills,games,and match play in a fun and supportive setting. This camp provides a great opportunity for juniors to stay active during the school break while improving their skills and engaging with peers. A 2-week Winter Holiday Camp will provide tennis and pickleball ri WINTER HOLIDAY CAMP instruction for players of all levels,featuring skill-building activities,match play,and fun holiday-themed games. Designed to keep juniors active and engaged during the winter break,the camp offers a balanced mix of development and recreation in a festive,supportive environment. 1 COMPREHENSIVE OFFERINGS LAT TENNIS ACADEMY _ _ . usrA _ , - i...,,,,,, , INTERNATIONAL , '' -di Jr:Tv _PLAYER spDEVELOPMENSiPRINGEudam MPI SHIPS ,- - �: MIMS ir ...... . _ O mi I MINIM 11 Q.- MENEMIll FirTENNIS ', LAT ACADEMY I1.YRMA i socmsar ecommIIIIIMOIN1 , 111•111111= 11111.1111. F - sp. - - .- — • ✓ ...., tea. LAT Tennis Academy is a high-performance training program dedicated to developing competitive junior tennis players with aspirations of playing at the collegiate and professional levels. Led by experienced coaches with a proven track record of success, LAT offers a structured, results-driven environment that combines technical instruction, physical conditioning, mental training, and tournament preparation. The academy has produced numerous nationally and internationally ranked players, many of whom have earned scholarships to top NCAA programs. With a focus on discipline, consistency, and individual growth, LAT Tennis Academy provides a comprehensive pathway for serious athletes committed to reaching their full potential. As part of this commitment, athletes also benefit from access to the FM Performance Center—located just down the street—where they receive expert fitness training tailored specifically to the demands of higvel tennis. c1 Elite TENNIS AT ACADEMY May 10th,2025 Letter of Intent On behalf of LAT, I am pleased to submit this Letter of Interest and Commitment in support of our collaborative venture with FM Tennis, LLC to continue establishing our high-performance junior tennis academy at the Boynton Beach Tennis Center. We are excited to formalize our relationship with your organization and deeply value the longstanding expertise and community trust that FM Tennis has built in Boynton Beach. We believe that this partnership represents a unique opportunity to deliver exceptional value to the City of Boynton Beach and to elevate the Tennis Center into a nationally recognized hub for elite training, community engagement, and tennis excellence. This summer, LAT will be entering its 17th year as a nationally & internationally respected high-performance tennis academy with a strong track record of developing junior and professional athletes who have achieved success on the world stage. Through this partnership, we are committed to bringing a dedicated team of professional coaches, fitness trainers, and support staff to work alongside FM Tennis on a daily basis. In addition, we will continue to house our core group of our top-tier domestic and international student-athletes that train full-time at the Boynton Beach Tennis Center. Beyond the tennis excellence we aim to bring, our presence also delivers meaningful economic impact. Our year-round, tuition-based training programs ensure consistent utilization of the facility while generating reliable revenue to support its operations. Furthermore, our athletes and their families contribute to the local economy through their spending on housing, hospitality, dining, and related services. We are confident that this partnership supports the City's goals of increasing facility use, diversifying programming, and enhancing the Boynton Beach Tennis Center's reputation as a premier tennis destination. Additionally, our programs will create opportunities for local players and members to improve their skills, engage more regularly with the sport, and enjoy a more vibrant tennis environment. By combining LAT's coaching excellence, international reach, and economic contribution with FM Tennis's operational experience and deep community roots, we can create a comprehensive and sustainable tennis program that serves all stakeholders—athletes, families, community members, and the City alike. We look forward to the opportunity to work together to establish the Boynton Beach Tennis Center as a benchmark of success in both competitive and community tennis. Sincerely, Lawrence Carpio Owner, LAT Tennis Academy - Florida (561)-306-9237 lawrence@lattennisacademy.com LAT Tennis Academy-Flod a Boynton Beach Tennis Center 3111 S Congress Ave. Boynton Beach,FL 33437,USA www.LATtennisacademy.com I info@LATtennisacademy.com COMPREHENSIVE OFFERINGS Everything Need, Courtside The Pro Shop at the Boynton Beach Tennis Center will be a fully equipped, player-focused retail and service hub designed to meet the everyday needs of the tennis and pickleball community. Visitors will have access to professional racquet and paddle stringing services, ensuring their equipment is always competition-ready. For those looking to improve their game or simply enjoy a solo session, ball machine rentals will be available, along with racquet and paddle rentals for guests or players trying out new gear. The shop will feature a curated selection of branded and non-branded apparel, accessories, and equipment, catering to players of all levels. In addition, players can refuel with a range of snacks, cold beverages, and other on-the-go refreshments. Whether shopping for a new outfit, grabbing a quick drink between matches, or fine-tuning a racquet, the Pro Shop will be a convenient, welcoming stop that enhances the overall experience at the facility. FV—ii k TENNIS �, p h f ' 5l itt r tiliiiiiiiiiiiiiiiiiiiiiii 53 FACILITY OPTIMIZATION FACILITY OPTIMIZATION / 0liCP� L O. C r0 •01. • • 4)E41, The court reservation and PDS software, Playbypoint, will help streamline PLAYBYPOINT operations. Patrons can book courts, lessons,and clinics through the app.Court times can be organized virtually by managers, eliminating pen and paper. A TV monitor showing the court bookings in the Pro Shop will stimulate interaction and make it easy for patrons to view their court assignment. FM staff has extensive experience using Playbypoint at five of our locations. MAXIMIZECOURT Using Playbypoint,all players will check-in at the front desk via scanner. Our diverse staff of teaching professionals and our robust clinic schedule USAGEwill drive revenue and increase court usage.Our partnerships with LAT, DBYTF,and LSA will maximize the use of the two hard tennis courts and the har-tru courts during the downtime in the mid-afternoon. EXTENDEDHOURS OF Extending the hours of operation will allow for FM to offer more options to the members of the community through the hosting of special OPERATIONevents and weekend tournaments,early morning clinics for those who work and early risers,and Friday Night Mixers for social doubles play. FACILITY UPGRADES & FIVE YEAR VISIONARY PLAN A comprehensive plan to enhance the value of services to the residents of BBeach. We love the community that we live and work in. It is our vision to help make the Boynton Beach Tennis & Pickleball Center a world-class facility.We believe we are uniquely qualified to make our vision for the community a reality. We're excited to outline an innovative five year visionary plan, including plans for: start-up initial investment, continued capital investment plans,revenue sharing opportunities,projected profit and loss,and branding opportunities for the City. We had the beneficial experience at the Lighthouse Point Tennis Center of renovating the pro shop at FM's expense and collaborating with the City to design and fund an $800,000 renovation that includes hydro-court conversion and brand new fencing.We also served as Project Manager for the renovation of the Delray Dunes Country Club tennis facilities,which included hydro-court conversion and brand new fencing as well. Pm- r•'°.* _mow - \<-� N �`'� ii OOP . : y ,, ,._N: --:: 14111%ii.77:1116: 70.,... ,VII 1 . . . , \My N ,-' , _ r f, > — * - /: INITIAL FACILITY UPGRADES & INVESTMENT FACELIFT OF HARI:TRU COURTS & COURT ACCESSORIES lis w4•,-- ..._.111411mi _, _ ,_ -( �f, c No ......,. _ _ '- ill' II It Be ani; �' `�-__4 I _ Illpp. _ 44k • . s / As..___ __ / i ., • N. . .. . •- s _ . iiir ..- , . .,- , As part of our facility enhancements, all Har-Tru tennis courts at BBTC will receive a facelift to restore optimal playing conditions. This facelift includes improved scraping of old material, addition of fresh material, replacement of worn and damaged lines, and the improvement of the irrigation systems. Our initial investment will include refreshed nets, net posts, and court accessories—ensuring a premium experience for players and prolonging the life of the courts. 135 56 INITIAL FACILITY UPGRADES & INVESTMENT INVESTMENT IN PRO SHOP MERCHANDISE 11111110040-a1 v, ' 1. , ittilimik. Strategic investment will support a well-rounded inventory of q branded and non-branded racquets, paddles, balls, accessories, Mill liallitir and apparel—giving players convenient access to quality gear andi., stylish clothing while boosting retail revenue. Iiglfr TENNIS ■ WILSON BAIARDO minmemick_I czT Di ;. lairoi II Investing in a Wilson Baiardo stringing machine—the gold standard , used by top ATP/WTA tour stringers—will enhance the quality and - professionalism of our stringing services, positioning the Pro Shop — • ' E, ti .u.-- as a trusted destination for elite-level equipment care. 5.........4,,,,r_.v�,,,.r,_tet.' ,_ =-t - 4- ; i - . - ;mi iiiiBEVERAGE COOLER `-�* �1i.�='��y4i � !- ` �� A large-capacity beverage cooler will allow the Pro Shop to offer �� „. ,,. cold drinks like water, sports drinks, and energy beverages— _ "�� t 11,x . adding convenience for players and generating steady, recurring . ,4 revenue. i ._,...- , Lin DESIGN ...-----ooPw- o • A refreshed interior with modern displays,clear signage,and improved layout will create a welcoming, professional retail space—enhancing the shopping experience and elevating the image of the Boynton Beach -- Tennis Center. I Together, these strategic investments—in merchandise expansion, professional-grade stringing equipment, a dedicated beverage cooler, and improved shop design—will transform the Pro Shop into a functional, profitable, and welcoming centerpiece of the Boynton Beach Tennis Center. These upgrades are designed to enhance the player experience, increase daily engagement,and establish the Pro Shop as a valuable amenity for both members and visitors. FIVE YEAR VISIONARY PLAN CONTINUED INVESTMENT ..........,........4....,.„ :..,,...„ _ illiZ 06101110 MR 471 iiiaghli*U -- Y} s iiiiiik 1 MP - a11.. w-rip--- - [ \ 111111111*t •.-... I , f 1 \ \ \ \ N T„,.. . ---1 f . •� .. aUPDATED WINDSCREENS, Updated windscreens, new outdoor furniture, and refreshed & awnings will enhance both the look and comfort of the facility. OUTDOORFURNITURE, These upgrades create a more welcoming environment for players and spectators while improving shade, seating, and AWNINGSoverall aesthetics. Tennis Court No.19 will be converted into four dedicated CONVERSIONOF TENNIS pickleball courts,complete with new fencing and stadium- COURTNO. 19 style bleachers.This upgrade will increase the total number of pickleball courts at BBTC to 10,supporting growing demand and expanding opportunities for recreational and competitive play. PARTITIONS & The existing pickleball courts will receive new partitions,fresh paint,and upgraded fencing.These improvements will REPAINTING OF enhance safety and overall playability,creating a more PICKLEBALL COURTS professional and enjoyable experience for all players. FIVE YEAR VISIONARY PLAN LAN �'r I 0 . I 1 I r -----4-1-- ..4,- 11----oilljt Wil0L- , ,LooloE 4 - , . . . _ v . . . ___ ,... ,,,. , ,s,, „,_._- „.... ,,, ,. ,, _ilia Ai.--:- _ , 'i` y 0 II ill YEAR ONE YEAR TWO YEAR THREE In the first year,investments will focus on The second year will focus on expanding Year three will continue long-term enhancing the facilitys appearance and court capacity and functionality,including infrastructure improvements,including the player experience.Upgrades include new the conversion of Tennis Court No.19 into addition of partitions,fresh paint,and windscreens,outdoor furniture,and awnings, four new pickleball courts with lighting and upgraded fencing for the existing pickleball as well as a refreshed interior design for the fencing.Additional improvements may courts.These enhancements will improve 111011. Pro Shop to create a more modern and include enhanced programming and safety,aesthetics,and overall playability, inviting retail environment.These 1community engagement initiatives. ensuring the courts meet growing demand improvements will elevate the facilitys with a more polished and professional overall aesthetic,comfort,and functionality environment for both players and guests. Over the next three years, BBTC will undergo a series of targeted improvements designed to elevate the facility's appearance, functionality, and capacity. Year one focuses on visual and comfort enhancements, including updated windscreens, outdoor furniture, awnings, and a refreshed Pro Shop interior. Year two prioritizes growth in pickleball offerings with the conversion of Tennis Court No.19 into four new pickleball courts with seating and fencing. Year three will concentrate on long-term infrastructure upgrades, including the addition of partitions, fresh paint, and upgraded fencing for the existing pickleball courts—enhancing safety,organization, and overall player experience. 138 59 FIVE YEAR VISIONARY PLAN YEARS 1 .5 PROJECTIONS _ REvENuEs YEARLY PROFIT & LOSS STATEMENT FM Tennis 2025 COMPANY NAME YEAR Item Year 1 Year 2 Year 3 Year 4 Year 5 Total Revenue Tennis Memberships ' 68,210.00 75.031.00 86,285.65 94,91422 104,405.64 428,846.50 Pickleball Memberships ' 15,000.00 30,000.00 60,000.00 90;00 120,000.0_ 315,000.00 Tennis Court Reservations • 80,000.00 88,000.00 101,200.00 111,320.00 122,452.00 502.97200 Pickleball Court Reservations • 14,560.00 29,120.00 50,960.00 65,520.00 80,080.001 240,240.00 Academy Rental(LAT) ' 60,000.00 63,000.001 66,150.00 69,457.50 72,930.38 331.537.88 Social Private Lessons(Tennis) ' 309,400.00 340,340.00 391,391.001 410,960.55 431,508.58 1,883,600.13 Social Private Lessons(Pickleball) ' 88,400.00 176,800.001 265,200.00 309,400.001 353,600.00 1,193,400.00 Youth Programming • 47,500.00 52,250.00 60,087.50 69,100.63 79,465.72 308.403.841 Adult Programming(Tennis) 120,000.00 132,000.001 151,800.001 174,57000 200,755.50' 779.125.50 Adult Programming(Pickleball) 60,000.00 66,000.001 75,900.001 87,285.00! 100,377.75 389,562.75 Ladies Team Practices(Tennis) 43,200.0 60,480.00' 69,120.001 69,120.001 69,120.00 311,040.00 Pickleball Teams 25,920.00 38,880.00 51,840.001 64,800.00 64,800.00 246,240.00 Pro Shop • 25,000.00 27,500.001 31,625.00 36,368.75 41,824.06 162,317.81 Camps 12,000.00 13,200.00 15,180.00 17,457.00 20,075.55 77,912.55 Pickleball Tournaments ' 40,000.0 120,000.0 120,000.0 240.000.0 240,000.00 760.000.00 Tennis Tournaments ' 55,000.00 60,500.001 69.575.0 80.011 251 92,012.94 357,099.19 Total Revenue 1.064,190.00 1.373.101.00 1.666,314.15 1.990.284.89 2.193.408.11 8.287.298.15 • Total Projected Revenue:$8.2M+over five years • Membership Growth:Tennis and pickleball memberships grow steadily,totaling$743K combined • Court Reservations: Over$740K in revenue from increased facility usage • Private Lessons:Top revenue source—$3M+combined from tennis and pickleball • Adult& Youth Programming:Reliable revenue stream totaling$1.47M • Tournaments 8, Camps: Over$1.1M from seasonal and special event programming • Pro Shop Sales:$142K+,with potential for further growth after renovation • Overall Trend: Balanced,diversified growth across all core serigs 60 FIVE YEAR VISIONARY PLAN YEARS 1 _5 PROJECTIONS ... EXPENSES EXPENSES Maintenance " 90,000.00 94,500.00 99,225.00 104,18625 109,395.56 497,306.81 Hartru Materiel ! 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 i 100,000.00 I Pro Shop Manager ii60,000.00 63,000.00 66,150.00 69,457.50 72,930.38 I 331,537.88 1 Pro Shop AAendant • 45,000.00 47,250.00 ! 49,612.50 52093.13 54,697.78 248.653.41 Maintenance Equipment 24,000.00 16,000.00 16,000.00 16,000.00 16,000.00 88.000.00 Tennis/Picklebals 6,500.00 8,000.00 9,500.00 12,000.00 12,000.00 48.000.00 Miscellaneous Supplies , 10,000.00 8,000.00 8,000.00 8,000.00 8,000.00 42,000.00 Play By Part 6,600.00 6,600.00 6,600.00 6,600.00 1 6,600.00 33,000.00 Initial Capial Investment 75,000.00 0.00 0.00 0.00 0.00 75.000.00 Continued Captal Investment 0.00 J 120,000.00 60,000.00 000 0.00 180.000.00 Eledridy " 30,000.00 30,900.00 31,827.00 32,781.81 33,76526 169,274.07 Water • 4,000.00 4,120.00 4,243.60 4,370.91 4,502.041 21,236.54 Director Salary • 60,000.00 I 63,000.00 66,150.00 69,457.50 72,930.38 331,537.88 Head Tennis Pro Salary 0.00 0.00 30,000.00 30,000.00 30,000.00 90,000.00 Head Pickleball Pro Salary — — — 0.00 0.00 30,000.00 30,000.00 30,000.00 90,000.00 Insurance 2,000.00 2,000.00 Z000.00 2000.00 2,000.00 10,000.00 Marketing 15,000.00 15,000.00 15,000.00 ' 15,000.00 15,000.00 75,000.00 BBTC Rent " 48,000.00 49,440.00 50,923.20 52,450.90 54,024 42 254,836.52 BBTC Revenue Spit Ni31,925.70 41,193.03 49,989.42 59,708.55 65,802 2: 248,618.94 Social Private Lessons Cost(Tennis) 216,580.00 238238.00 273,973.70 287,672.39 302,056.00 1.318.520.09 Social Private Lessons Cost(Pickleball) • 61,880.00 123,760.00 185,640.00 216,580.00 247,520.00 835.380.00 Ladies Team Prances(Tennis) • 30240.00 42,336.00 48,384.00 48,384.00 48,384.00 217,728.00 Picklebel Teams Practices 18,144.00 27,216.00 36,288.00 45,360.00 45,360.00 172.368.00 Adut Programming Cost(Tennis) 84,000.00 92,400.00 106260.00 122,199.00 140,528.85 545,387.85 Ni Adut Programming Cost(Thckleball) 42,000.00 46,200.00 53,130.00 61,099.50 70,264.43 272,693.93 Youth Programming Cost • 33,250.00 36,575.00 42,06125 48,37044 55,626.00 215.862.69 Pro Shop Cost • 15,000.00 16,500.00 18,975.00 21,82125 25,094.44 97,390.69 Tournaments Coat(Tennis) • 33,000.00 36,300.00 41,745.00 48,006.75 55,207.76 214,259.51 Tournament Cost(Piddebal) " 24,000.00 72,000.00 72,000.00 144,000.00 144,000.00 456,000.00 Camps Coat • 8,400.00 9,240.00 10,626.00 12219.90 14,052.89 54,538.79 Total Expenses 1,094,518.76 1,329.768.03 1.504.303.67 1,639,819.76 1.755,742.43 7.324,153.59 Profit i Loss (30,329.70) 43.332.97 162.010.48 350.465.13 437,665.68 963.144.56 • Total Projected Expenses:$7.32M over five years • Program Delivery Costs: • Capital Investment: $255K total for initial and continued • BBTC Rent&Revenue Share:$503K combined over five o Private Lessons(Tennis&Pickleball):$2.15M facility upgrades years o Programming&Team Practices:$1.75M • Marketing & Insurance: $85K combined to support • Staffing Costs: o Camps,tournaments,and youth programs:$928K outreach and coverage o Pro Shop Staff:$580K+ • Maintenance & Materials: S745K total for general • Profit Margin: Total 5-year net profit of $963K, averaging o Director& Head Pros(Tennis& Pickleball):$511K upkeep,Har-Tru,balls1 ff6equipment $192,629 per year,with strong upward growth beginning in total m Year 2 FIVE YEAR VISIONARY PLAN City of BBeach Outlook City of Boynton Beach I Year 1 Year 2 I Year 3 I Year 4 Year 5 Rent I 48,000.00 49,440.00 50,923.20 52,450.90 54,024.42 Util ies (Shown In Expenses) I 34,000.00 35,020.00 36,070.60 37,152.72 38,267.30 Revenue Split 3% I 31,925.70 41,193.03 49,989.42 59,708.55 65,802.24 Totals I 113,925.70 125,653.03 136,983.22 149,312.16 158,093.97 City of Boynton Beach Financial Highlights: • Total 5-Year Return to City: $683,008.56 • Annual Contributions Include: o Facility rent o Estimated utility payments(included in FM Tennis expenses) o 3% revenue share from pickleball memberships • Yearly Increase: Steady growth from $113,926 in Year 1 to $158,094 in Year 5 w FIVE YEAR VISIONARY PLAN PROJECTED STAFFING NEEDS FM's staffing plan is designed to support the full scope and scale of the facility, guided by the expertise, connections, and resources of its managing partners.A certified and experienced Director of Racquet Sports will lead programming efforts, supported by a team of 10 teaching professionals to deliver a wide range of tennis and pickleball offerings. Daily operations will be managed by a dedicated Pro Shop Manager, three part-time Pro Shop Clerks, and two maintenance professionals. In addition, FM benefits from a corporate support staff that provides essential administrative, marketing, and operational assistance behind the scenmmodate future growth, FM plans to add salaried Head Tennis and Head Pickleball Professionals in year three to futrengthen program leadership and continuity. 1, tr t i iiiiiimproulines..,,,,..imic:c..,.o,?,. iiiii J -• ' 15 � „...* aft 4 ', . ,,,,„, at . • 04 ---;ph _ .. ,..1 ___ _ ..11,1,...,„_:..., jililikill114hMillIllIlIll E-. '' some . mil, , a, a ,en ailiu i:sitops.,-,•,...,..., reit% a ,ter !cif fililseila•gliiill � '_ a,-._ -111,41 - 4_11_i Erni It , , rr c IS "' i1 ersirr 1 I -.__piret•_*, ._.,_.,.,,sigp_ ..1- malanwirw.,,,„,..f iir• .1 Ae 63 FIVE YEAR VISIONARY PLAN PROPOSED LOGOS LOGO A • Full logo used for CITY O F windscreens, marketing, and BOY N TO N promotions B E A C H Tennis & Pickleball Center • Pantone #143c7c • Sans-serif fonts LOGO B • Simplified logo for apparel & uniforms •As the"Gateway to the Gulfstream,"the sailfish is a symbol synonymous with the City 64 BUSINESS & MARKETING PLAN KEY ELEMENTS OF OUR BUSINESS PLAN 1 WI STATISTICS & 400 DEMOGRAPHICSiii41 ,,,„,,,,, Our plan is informed by strong population growth, increased interest in racquet sports,and a diverse local demographic that supports both recreational and competitive programming. 0. eolii COMPETITIVE ANALYSIS . ► j We've assessed nearby facilities and identified service gaps, limited pickleball availability, and outdated amenities—positioning BBTC to meet unmet demand and exceed regional standards. ii L f 4 ./ 4 r COMPETITIVE ADVANTAGE :, Our advantage is rooted in local leadership, strong : ` community ties, and a commitment to excellence. By .. •{ combining top-tier programming, strategic partnerships, • ' and facility upgrades, BBTC offers a more complete and locally responsive experience than any competing venue. L • mil MARKETING PLAN A multi-channel strategy—including SEO-optimized web content, social media outreach, email campaigns, and community engagement—will drive awareness, participation,and retention. i Our business plan is built on a deep understanding of local statistics and demographics,highlighting strong population growth and rising demand for racquet sports.A thorough competitive analysis reveals clear gaps in nearby facilities,allowing BBTC to strategically position itself as the preferred destination. Our competitive advantage stems from local leadership, strong community relationships, and a superior combination of programming and facility upgrades. Backed by a targeted marketing plan leveraging digital outreach and community engagement,BBTC ispitlied for sustainable growth and long-term success. 65 INDUSTRY TRENDS & STATISTICS TENNIS & PICKLEBALL COMPARISON TENNIS PARTICIPATION IN FLORIDA PICKLEBAII PARTICIPATION IN FLORIDA 2000000 14,000,000 12,000,000 1500000 10,000,000 8,000,000 1000000 6,000,000 500000 4,000,000 II 2,000,000 0 0 2019 2020 2021 2022 2023 2019 2020 2021 2022 2023 Tennis and pickleball participation data offer valuable insight into the evolving racquet sports landscape in Florida and directly inform our planning for the Boynton Beach Tennis Center.As illustrated above,tennis saw a significant increase in participation in 2020, largely due to the COVID-19 pandemic's impact on outdoor activity trends. However, since that initial spike,tennis numbers have plateaued, indicating a need for strategic programming to retain and grow the player base. In contrast, pickleball has experienced exponential growth,with participation rising steadily each year and reaching nearly 14 million players in 2023.This surge reinforces pickleball's status as the fastest-growing sport in the country. By examining not only year-over-year growth, but also player demographics, participation frequency(core vs.casual players),and preferred play venues,we can more effectively shape our programming,scheduling,and facility enhancements.These insights position BBTC to respond to current demand,tap into expanding player populations,and offer targeted experiences that support sustainable growth for both sports. 145 66 INDUSTRY TRENDS & STATISTICS TIE PICKLEBALL BOOM With over 36 million Participation Rates for participants, pickleball now Popular Sports and Activities ranks as one of the most popular sports in the Participants (MM) country—surpassing basketball,golf,and tennis. This explosive growth highlights the need for expanded court access and programming,making 51.4 49.0 AA BBTC's investment in 27.0 25.1 22.6 15.6 5.2 12.6 pickleball both timely and strategic. PicKLENFADs Activity With over 36.5 million Key Pickleball Stats for 2024 players and a 223.5% growth rate in just three ° 36.5+ million 223 5% years,pickleball is the Pickleball's growth Number of pickleball O��_ fastest-growing sport in players in the US rate over the last 3 years the U.S.The 18-34 age � 13,969 group leads participation, orLargest age bracket of Number of places to and with nearly 14,000 pickleball players play pickleball in the US places to play nationwide, (28.8°'°of total) demand continues to rise. c) $152.8 million BBTC is positioned to meet Pickleball paddle market 0 O Forecasted compound annual this surge with expanded size in 2021 growth rate through 2028 facilities and programming. Y ;f icKLEMEA0s 6 INDUSTRY TRENDS & STATISTICS TENNIS PARTICIPATION BY AGE 65+ 6-12 10.8% 11.9% 13-17 12.6% 35-65 34% 18-24 12% 25-34 18.7% *2021 USTA Tennis Participation Report - Florida Section 147 68 INDUSTRY TRENDS & STATISTICS PARTI WANTS FREQUEIICY OF PLAY iiii****** 60% of participants play 10+ times/year(core players) versus 40% of participants play 1-9 times/year(casual players) 93 % Core players accounted for 93% of all play 69 INDUSTRY TRENDS & STATISTICS PARTICIPANT PUY VENUES ill'i _, IA 344% ,.. .. 34.4% of all tennis play nationwide occurs at public parks fpEll. 19°Io i ; sii. Florida tennis players were 19% less lit likely to play at a public park than players from other USTA sections While 34.4% of all tennis participation in the U.S. occurs in public parks, Florida tennis players show a marked deviation from this national trend. 760/0 Players in Florida are 19% less likely to play in public parks and 76% more likely to engage at commercial clubs than those in other USIA sections. This trend underscores a unique opportunity in Florida: players are accustomed to, and prefer, higher quality facilities and structured Florida tennis players were 76% more programming that commercial clubs typically provide. Public facilities in likely to play at a commercial club Florida,if professionally managed and operated with a club-like experience, can capture this demand by offering an elevated standard within a public compared to other USIA sections setting—bridging the gap between accessibility and premium service. 149 70 INDUSTRY TRENDS & STATISTICS TARGET DEMOGRAPHICS _ _ .4. •s, , , i Xs T Ks = • : + rs -- , 0 • ''—'t ''''''—' ill Air 11 Pa's3- . - - \ E •- — *Atm•\ IL-' • I 4t1Alifv-:. PRIMARY SECONDARY TERTIARY AGES 25-64 AGES 6-17 iAGES 65+ Our core audience includes active adults c Youth programming will focus on fun, For older adults,we'll host annual free seeking social,competitive,and fitness- ...- teamwork,and skill-building.Events like community events that include games, oriented play.We will offer tennis and the community pickleball match prizes,entertainment,and food trucks— pickleball mixers,round robins,and between the Boynton Police and Fire offering a welcoming,social special events centered around holidays departments will promote youth interest environment that encourages active to foster community engagement and and local pride,while introducing kids to lifestyles and community connection. repeat participation. lifelong racquet sports. Our programming is designed to engage a broad range of community members. The primary focus is adults ages 25- 64,with regular mixers, round robins, and holiday-themed events promoting consistent participation. Youth ages 6-17 represent our secondary audience, with community-driven events and introductory programming aimed at fostering early interest in racquet sports. The tertiary group, adults 65 and older, will be engaged through free annual events that emphasize social connection,wellness, and fun in an inclusive setting. 1110 COMPETITIVE ANALYSIS COMPETITIVE ANALYSIS The Delray Beach Tennis Center(DBTC),located just 2.8 miles from Boynton Beach Tennis Center(BBTC),stands as the primary competitor in the local racquet sports market.With 14 Har-Tru courts,five hard courts,and eight pickleball courts—plus access to 24 additional courts at the nearby Defray Swim Club—DBTC offers expansive playing capacity.High-profile tournaments,including the Delray Beach Open ATP event, ITF events,and the APP Professional Pickleball Tournament,generate strong visibility and consistent traffic. DBTC's strengths include its location on Atlantic Avenue, a stadium court suited for major events, and a long-standing offering of adult clinics,leagues,and lessons.It also runs an active and competitive pickleball program.However,the facility faces several limitations.These include higher membership fees, fewer Har-Tru courts available for nighttime play, and a lack of modern infrastructure such as online booking and POS systems. DBTC also has a limited digital presence and no formalized high-performance development structure directly tied to any academy. These gaps provide several strategic opportunities for BBTC.With a lower-priced membership model,modernized customer experience,and enhanced technology, BBTC can attract a broader,more engaged community.The presence of LAT—one of the area's most respected tennis academies—and FM's Performance Center located just down the street offer high-performance player development and elite-level instruction that DBTC currently does not provide. Further strengthening our competitive position is FM Tennis's deep experience managing large-scale racquet sports facilities, executing successful youth and adult programming, and operating tournament-level events. We are also able to triangulate efforts through our established partnerships and relationships with other local schools,clubs,and organizations to broaden outreach and increase participation. With these advantages, BBTC is positioned to deliver greater value, stronger community impact, and a more complete racquet sports experience than any facility in the region. T1. ___ (, ,. .., .0 ,..r.4... f _,,,,.r ff t .0:1111161k, . - L.__ at, -4 -', Mile ! , ..i / I, r . 4.0 _ • • -,---,,t. • . �'� Y y;' ': ' Alr' tom . • , 1 _ I ° i+r a 4 4,r }I Y' 1. , 7 it ~ , 0 N :19 Malt ta' Mai ''' j.t: 41 lel; 1/ . . 0 1i'�r i.�r r 7 \ 77-7• ti 1;' COMPETITIVE ADVANTAGE THE FM TENNIS ADVANTAGE CITY EXPERIENCE imp FM Tennis has successfully operated in municipal environments,understanding the expectations,processes, job and responsibilities that come with city partnerships. DIRECT FACILITY .. KNOWLEDGE Our team has hands-on experience at this specific facility, giving us an unmatched understanding of its day-to-day operations,layout,and community dynamics. %r LOCAL NETWORK • , With deep roots in the local tennis and pickleball scenes,we maintain strong connections with players,coaches, schools, and community leaders. . El LOCAL PARTNERSHIPS - We've already built relationships with local businesses, schools, and service providers—ensuring immediate collaboration opportunities and built-in community support. The FM Tennis Advantage lies in our unique combination of city experience, on-site familiarity, and deep community integration. We're not starting from scratch—we're building on a strong foundation to deliver seamless, high-quality programming and facility management from day one. 152 73 MARKETING PLAN MARKETING PLAN ..,„,,,,;05141,.... _, . m 0, _____ .„---.._ , __, ,... ..,, ,- \,,,,,,,,, BRANDING / - ,z)7x, ,,, x, .. `t \,\. ‘,- \sji �j`��' - The City of Boynton Beach stands for inclusivity.The r a ` ' •�\ brand of the Tennis Center will be promoted as a place ( tiv T �h, !,)// for members of the community and their families to `. . 6. . ,� enjoy an elevated racquet sports experience at an f affordable price. tin . �.y; " , -��"" 02 SOCIAL MEDIA FM will create a social media account for the Tennis Center.Our platforms have over 20k followers to which we can share content.Consistent content with educational value and targeted advertising will increase flow. Y. 1 03 Our marketing and branding strategy will position the Boynton Beach Tennis Center as an inclusive, community-focused destination EO WEB offering elevated racquet sports experiences at an affordable price. Through the development of a dedicated social media presence, Our plan includes the creation of an SEO optimized supported by FM's existing audience of over 20,000 followers,we will website for the Tennis Center.To include integration of share engaging content, educational posts,and targeted promotions the facility's reservation software.The website will to boost visibility and participation.Additionally,we will launch a fully SEO-optimized website integrated with the facility's reservation create a larger virtual footprint for the Center while system, expanding the Center's digital footprint and improving the simultaneously enhancing the customer experience. 153 user experience for both members and new visitors. 74 74 MARKETING PLAN MARKETING PLAN __ . _ . _ , , _ . _ , In 04 [-MARKETING The utilization of the integrated email marketing platform,Constant Contact,will allow for greater communication with current and prospective clients.E- • + campaigns will be created for special events/promotions as well as regularly scheduled informational newsletters. " — ;1111111')I, * A ,.. ,.,,, , , , ,, 4110 III 05 COMMUNITY OUTREACH Proactive communication with City staff and a strong , '{ presence in the community will help promote our A services at the Tennis Center.Using our existing relationships with local businesses—and creating new l ones—will help spread the word about our services. H 06 To strengthen visibility and engagement,our marketing efforts will include targeted e-marketing through Constant Contact, allowing for consistent GOOGLE & APPLE MAPS communication with current and prospective clients via newsletters and event-specific campaigns.Community outreach will be supported by strong relationships with local businesses and proactive collaboration with City Updated business information on both platforms will staff to promote programming and services throughout Boynton Beach. make it easy for potential customers to locate us. Additionally, we will optimize the Tennis Center's presence on Google and Uploaded photos and videos will showcase the facility Apple Maps by keeping business information up to date, showcasing the and staff.Efforts will be made to incentivize happy facility through photos and videos, and encouraging positive customer customers to leave 5-star reviews. reviews to boost online reputation and searchability. 154 75 REVENUE OPPORTUNITIES REVENUE OPPORTUNITIES . . .01.0004, , . ,. . 1 el • -1 x '11 41 iti r . `` "- `L Pr 'p r"i , Lpril; Ir 1 1i I t• 1 Li' 1rte■ 4` I ` �' ,,, 1 , 10 ,4 t la CAPITAL INVESTMENT -> FACILITY RENTAL REVENUE SHARE $255,000 $254,839 3% A capital contribution of $255,000 An annual facility rental fee of A 3% revenue share ensures the City will support initial improvements and $48,000 provides the City with a benefits directly from the sport's long-term facility upgrades,ensuring guaranteed, consistent return while continued growth and expanding BBTC delivers a premium experience allowing BBTC to operate, maintain, community interest. FM projects this from day one. and enhance the center. revenue figure to be—$250,000 over the five-year period. -- CONTACT Let's Get to Wor Together ,..... _› .....000- _4_ -......._ - 77, ............,_ ....INN oni.....:7.- V @ LI ta iCil... 1- i o • em• ' ' a lsiiia,:: PHONE 1 561-830-3002 FM Tennis LLC d/b/a FM Tennis Performance Center Let's get to work together. We're excited to EMAIL connect, collaborate, and help you reach your info@fm-tennis.com goals. Whether you're seeking growth, support, or something new, we're here when you're ready. WEBSITE www.fm-tennis.com ,•. IIIPIIIPL---. ... ltlittc --__2 . . . . _ t , . , . - : ' . . , .. , \ . k—g ,.. _ _ • , It . . .- .. # . --,), . 4,- ...y. - -, .... to, _ 'I. = I . 1- . _._.. -' '-- -. --44fili. illiii1111 tt . # _ - 1191111 —inn „A. ..,_._.. _. . . .„... , ,.. 40 • -40 , %I', -WO ' .1./ :,,k.„ 4 ' s. 111 .'• • -• r ' -I- — .7.!,.•....- v VA HI Ill FM Tennis LLC d/b/a FM Tennis Performance Center THANK YOU www.fm-tennis.com lb EXHIBIT 3 POWERPOINT OUTLINING ALL OPERATIONS MN 00"1"." III'gab; 4. ---AIINVNI1 • -... 10- .:441W -- . ..- , -,•1-'" _ ---, . , ... .„..„--,,,;.--„,:.--.., • - .-,-• -- N ___„---- - ,--- -.., .. ,...„,' „-- , BOYNTON BEACH $ ... .- „,...N , ..,..„.- , , , . 461V )'. 4,, . • , -.`". 6.L*Ini-;4a.'-' . ' TENNIS & .4 : PICKLEBALL CENT ... * 1 u—Ito Management Services I RFRitial. 25 IA .,,.- - / • ,,,. •--,....,_ FM TENNIS .. 40ir II 111 �Var, IT' , ,,�,'Pr' r,'' r "±h. 4; 7 _ 'G /.. \ ,_•` •_ e �y rad is r a. Sgt�T � �z �. ,. (1.,%,,,,,,-,4- frl.,f %.` ,~ "' ,. i• ç Ot,,fr.k 4 _ .' ;nam,in iii v - a , N ',' -. _- •7.• At 7..1,* :, -,.,:-::: a 11, . , .1.• - . • k ,- . , ,,. • � 1.7 '1-•-:7, r.,- _ .,: 3 14 ,., r t, I At— -..* - . 4"111:1r.-- : - : :-- ' 4" VVH O • Alocafacquetportsnanagem npany \JV E ARE • Oudiversetaffisexperiencadcbertified • Wgrioritizpurposand haracter FM TENNIS 01 ., OUR v....ia, ill cf,,,,,,..r. ,, , , 1 STORY TINN[C • Founded at Delray Beach Tennis Center in 2009 ' • Grew organically from 1 club to 13 locations .:¢:-. ; '44-4; 4 - Peop4cused growth rooted in relationships • Committed to quality, inclusion, and daily excellence FM TENNIS ■. 02 'M sr-, , ,, S CITY CONTRALTO ' 'Alll ! =- ) ..,.. ok,-: SINCE 2019 _ , . .. . — , .., c ,� ,. . . t 4 ..:.., . , ,,, _.) „.. ,, . , • • , . .. 1 • Trusted City Partner Since 2019 • Deep Community Connection �, Y.., . .. . , iii ... . . }` • Proven Operational Knowledge A` , r.-- f M-TEN N I S.COM • 561-830-3002 „r:...ill'0. ..llir0Ort^Yrs r,';',,::.'',..; ,::,',7."-':.:,,1!-P'`''' ' -q�,. i N IM r FM TENNIS ` x� � ri x. Pry � � .. '� OUR UNIQUESTRENGTH 40, Y Nk • Private Club Standards, Public Facility Impar • Proven Municipal Success • We've Already Been Here • Built on Collaboration and Trust FM TENNIS ■� 04 KEY PERSONNEL & PARTNERS .... ._ .... l . .... 41 A 716 ilk-TA,I3:_' ' ° o c) ,FN. fit.. BRANDON FLANAGAN ALLINGTON MUTIMER KURT ROBINSON Managing Partner 1' naging Partner Eirector of Racquets FM Tennis FM Tennis FM Tennis FM TENNISMIN05 KEY PERSONNEL & PARTNERS , I I _L. zr. , b it ' t , , „.t.:-,. 4, ^fix.. a 4 ... _ ,.; , ) ... ,, L -, , , , , ,, 1 - - 1 , . , , Now KATHY REINMUND LISA PUGLIESACROIX LAWRENCE CARPIO STEVE SMITH Executive Director CID Founder DrectorofTennis/Omer Founder Youth Tennis Foundation Love Serving Autism LAT Tennis AcademyGreatBase Tennis Edu FM TENNIS 06 ORGANIZATIONALCHART 0.-#i ,i. fots BRANDON FLANAGAN ALLINGTON MUTIMER Managing Partner Managing Partner f I R. t t op a .o ti, LAWRENCE CARPIO KATHY REINMUND LISA PUGLIESE LACROIX STEVE SMITH KURT ROBINSON Owner I LAT Academy President I DBYTF CEO/Love Founder/GBTE Director of Racquets Serving Autism Academy Coaches and Coaches and Coaches volunteers volunteers Tennis& Maintenance Pro Shop Pro-Shop Pickleball Professionals(2) Manager Clerks(3) Professionals(10) FM TENNISll07 i _ HIRING Y N PROCEDURES 1 • Charact 'rirst Approach `% • Thorough Vetting r /IIIb%, • Certified Professionals IIIIIIIIIIMMIIMIIMH ' ob , • FM Training & Local Talent 4y liolinewei \ _. FM TENNIS 08 11111 OUR OPERATIONAL PLAN V F -04 ■ KE' COMPONENWSFACILITOPERATIONS • Maintenance • Leagues ` L • Customer Service • CommunEETents • Memberships & Rentals • Tournaments • Programming & Instruction PrcShoPervices FM TENNIS 09 111 1 FACILITY MAINTENANCE . i we.No+.. di ON 0.,.. i 1 ,,, , 1111.0141111 • Daily Court Care • Restroom Upkeep : �" • HafTru Protocols • Cleanliness • Irrigation & Moisture Standards `'->4 9 , • Facility Walkthroughs • Pro Shop Inspections • Issue Tracking FM TENNIS ■N 10 NJ' CUSTOMER SERVICE III spy \ 11 • Peoplrst hiring • Thorough training li ,`, ' . • Service standard . -• OP , .,.,� • Playbypoint integration 11110111 • Culture of care 4\ 1. ; I i FM TENNIS ■ 11 m•Ill MEMBERSHIP & RENTALS . -- - - , , _ (0,_(, „„ , , _ • Afford ab4cess • L_. / oiri‘Ci . • Onlin&in-persobooking ,% Ei • Membperks I- It � 4:1 1I rJ 1 ` '} \ -9 • Cit}sets-ates nl' 11100011011111111111" ► • Communf jcus - Alt iIIPjIIIIfi dl :II' " l+ FM TENNIS ■N 12 mil PROGRAMMING & INSTRUCTION ...: • I • YeaRound Instruction '' • Flexible Scheduling Alt • Adult Engagement • Junior Development . _ I I , E • Senior Access i 4 FM TENNIS ■N 111 LEAGUES ' . , . 4,.. : . , TENNIS PICKLEBALL . • • SPBCWTA • Boomers League • _ • Palm Tennis • Women's Power Pickleball • • • USTA Team Leagues • PBC Senior League , t i N: 0 • .I • • • w • In-House Evening Leagues Dinkmasters * I' FM TENNIS ■ N 14 mill COMMUNITY "ml.4, EVENTS ........... •_ . . . 1 t • .. .. . . . . . • .. ... , , • • .• • • Holiday Mixers MID 1.11666%4411 „ / ,grA104 • Police vs. Fire Challenge , 00 LIC E • FMDalooza _..._ Aiwa" • Inclusive & Fun -. •� �,12 ., J I- Agar" • Communientered : FM TENNISIME15 ....Jill! rf } rJUNIOR & ADULT d rYf fi k4 ' ' 'TOURNAMENTS 0 1 rrrJ r r ill' • Yearound tennis & pickleball tournament calendar '�r r ' ' r . .. is, PI l 1 • USTA, UTR, araif E oned tennis events M . • , -'` • Inclusive recreational pickleball tournaments . 41 „, '4,4 ilk._ • "Moneyball" pickleball events with prize incentives ` 11 `, .ir cV 1, ii\it 1 41.--- • Designed ed to drive participation and regional visibility • Positions BBTC as a premier racquet sports destination FM TENNIS ■� 16 I _I1 L ' ____ ''' 0 , l',=='---------------= ---J7 F - - PRO SHOP f ,---------,_ ----,_ ,. _ .., , ,_-- „ ,,... ,____, SERVICES ii .. .„__ _„ __i ,____,_____, ,_,_,, ....„___, , ,„ ., i --,- ._-, ,_____ ___. ____,. , , ,____________, • Modern Interior Design 411V410919': Aillr -- • F Full Retail Offering WAir • Professional Stringing taltIP • Beverage Sales ' -= ., ';p. m,, • Staffed During All Operating Hours a FM TENNIS I I ”' ;, ,0' .t,,,--,. � DIVERSITY, INCLUSII & COMMUNITYNEEEU L Ouraim is to establish] cultureandcreateener 4111 aii III 9Y * , througbonsisterEiccessibillrogramming Tr _ Ill 01 InclusivprogrammiiadthLovServind`utism, wheelchaemnisancceniodiscounts Programmitr -theunderprivilegaathYouth 02 Foundatiomi GreatBaRelucation 1 lik• 03 Com plimentaayentAo bringthe community together FM TENNIS ■N 18 Ai . - , r -: COMMUNITY rnT1/4 , r__ ADVISORY COUNC • . :; , . , , ii ti , • Volunteer group of residents, players, p. twv .77i , NI i seniors & local leaders VS Ili .,,fffic, t= '1• Quarterly meetings = � • Promotes transparency, collaboration & `` a + shared ownership • Ensures the Center reflects the commu !.�� /i it r • needs -- _ FM TENNIS ■� = --� _= ,..,, 1 h ..` WHEELCHAIR TENS ,. 1 =� - 1 )!' hi ��& VETERANS _ ; • Twicenonthly Adaptive Wheelchair Tenn r `I _;ih�" r - 441/Ipi ( : i :i.v. 0. a 4 • Open to individuals with mobility challen • '�' � - '�:'` �`���►ti��•-,� . AIII.' ..,-.---*/*) • , Vif '� and local veterans .1041 f• • Led byWill Mab 100% disabled U.S. '�"'''� !i .,,,. "gin, Mabry, _ i Wi • • Promotes inclusion, accessibility, and s 4. • , - .i , for our veteran community • I _ r ,t FM TENNIS ".� . �'° ___.�. MI v., ` Y SENIOR 0 DISCOUNTS & EVE • eki f"--IN,' ' 011111.t.:,„ • Weekly discounted clinics for senior pla• $5 off select sessions, including: " ' • Earl�bird tennis • Beginner pickleball • Led by experienced pros -1''. La `.; • Fostering wellness, connection, and life) ''' �.: �. 4")11'4:14;, al't :::,_a'X play FM TENNIS ` / • LISA ..- ,__ _ . ,, , 6 ,.., __ ___ _ .. PUGLIE-SCROIX ; . � CEO I Love Serving AutismEr\ Aglik ApptA riv ,** *Near LOV E SERVING FM TENNIS ■N AUTISM AUGUST 2 02 5 IN 4//.4 1 4 ..i7f;:!:. 1 — */ vm,* a stirs ~. ' , • -: .7... -; ' ' l/iip'P --- .el 3,- { .,_ Mfr.,Ai 1,:, - ., a. ;:;,7.et X , ® _ �....--sem; . 07 LOV E • , . ii .4 \\\NN,'.-- :1. ' c, 4. •7,-,741,-. ...,,,r.: •;st•mt,70..-&-.,t. - - 7.,c",g, ,r.,:: ' SERVING _ _ _ L...::,,, ,_ . .. , . „.. _.. 3 -- •- - - v - ._ . AU .____„ ,T I S M " . ____ .. .. _ . _ ., :. .,....,. ._ .. _ ,,.___,,, __..-_ ... ., , , . , , , _. ,.._ SERVING NEURO DIVERSITY AND UNIQUE ABILITIES J on and off the courts LOVE SERVING AUTISM \5,:,- , , *,:l.:‘,494 ''-'7 ----- a 4 g� Yi i, . . � Mission Statement f��\,\,,', aa. �►"' * l4.-,-..„ == Love Serving Autism offers inclusive therapeutic :y`_. � 4 ,'; 4ft • , M .„-• -_ racquet sports instruction for neurodivergent ,l; �rY,Jr�►�` .,If it-*mud children and adults. We focus on improving ' . w-a communication, motor coordination, life skills, and 2 ;�="t '�' r•~ behavior both on and off the courts. Th �- 1F,. 4111 r We provide specialized training and education -.41Ail, 1 ; . '. , racquet sports professionals, teachers, certified , ► _ - - -- therapists, and volunteers pursuing adaptive and inclusive certification. Our Vision p Hoaj/r n.r. ,f. j�f� n, n .; p" a We strive to better serve children and adults with A' , I Autism Spectrum Disorder and developmental 0—I eY ,, A differences by offering inclusive therapeutic racquet sports opportunities, promoting self-love and . ,,:: functional independence within the community. 0, i ,,,,i.i�l,u III I," �,�;�I'grtil/l,01 1 y+� 1 rs• .' ",l f 1111,Ni�i 11; 1' [i rl I r� iI n r i1 1 II �- `:v4 I �I��I�r l�1�r li �q Ir j,�iglwlf�i ,1 i� + � �1=1 �� !�� t�� ,.,. �..�` ; 111 t.,'. , i ',1.,1- 1 'Nip p _11°!� c.., LOVE SERVING AUTISM Our Reason s t• ., , • -no ; is: • ..,.. ._ ;..,it' - -' / In the US, 1 in 31 children is % vir.:, 1 in 6 US children have kft diagnosed with autism by "IF developmental delays. the age of 8. ,...„ 'Ayr if. I IL Our Impact 650+ t I Number of Adaptive Racquet improvement in Sports Programs 95% YO UTH AND communication 0 I II 11 ADULTS W ITH 411W "41"1k1 UN IQ UE ABILITIES , "V-improvement .,_ _ , , -- , SERVED 35 programs in 60% 48programs . motor 1 Florida1da 1 ' in 15 states 12 in Palm Beach CO o r d in a tion County • 1 1 1 1 Iiiiiiiiii Ail 11!!!!4;1611111111:!!!!! Saia-raireissairilor-weigii4v.,•;7::::000000000 110.11,..._:::,..::......:„,- t'1i Ti! al-:it 4t. tl?liP It Itu.1 IV IT 41'li,t, tit..1 lir 1 • est o ,_,- -,-....- il. l•-•.:,,.. :.. ;...a w-:=,:.• :•: 1.. n. .I: ;.. I. W i 1 1 1 IA 11 1 i 1 et 1 1 t We provide : Training & education to 011!11141404 Certified therapists Volunteers for an adaptive II ii coaches ...it:. • and inclusive experience K • • 1 r.&' s g'F-�- L. ,�1.$�'�., }may �r` � 1i<, • a • volek 'r , Rear dik ,o t FIT. lteamBg re * o,. rt. ' w �: • '4' n. Yon q E + I ira V UTI - =`" ``" �Er1NIs , IVIikRIEKE _.OU,�.CAT,ON I N s , WH ITAKER go io4- i. Rim) 'efl ' Viit 6060 4P710 Associate Director I Delray Beach Youth Te Foundation • i ' A,Y. E ' - �- oil ITENNIS FM TENNIS ■N N116 lip OUN DAT.IQ N • EDucmIbN • I L A,1L , • 4 . "iiiii i1101.....00' T.454.111 ii,, _ IIMPP = **41111111 - Nitkt IEC 1-0e .4.411%,6 , ',..44000010°It FIVE YEAR to. .411...„ VISIONARY PLAN ..... .......... - 4,- . - . - . , - _ --- - • Community HEyents, upgrades, and progra all ages N ' - " • Facility Pridei place locals love and guests 4111F— N\_ ,- ••• - , - 1 . remember 4110 ... - • Pickleball ExpandRxmovate and add courts t. . . .$., . .. . _ meet demand FM TENNIS 27 MN - . _ __--- _--- -- lillim ---- imp ....--------e-- t ,•-' . , , •-- .''. ---.__ , --___ . .; • - ___ "1--."--->17' ------------------------------- I -•-..„ . ------,_ ..... ----„ \,.., . ... _ . , . • . ----- . . --.......„_ -----„,,, . l' .4 ..,„ _... , -......„..,...„, .: ... 'PPPYEAF ONE „,. ' ---..".----..:'.'''''''"--..,..-- ''' ,,, , ,, F A A L upGRA . . . . . .. ., • .. ,. .,. ...:. ...... .. „..„ .,... ,.. .:_, .... . . FM TENNIS MN 28 rT ( �¢ , 4 ,, .. .,„.,.. , • iii)- ‘ _ \ 4Ap -ft-- N' ,_ _ %Tr 7417 ' 7'1111111111111111111 1.1111111111111160 fr, r Li . . .. .. ii 4. •, : .4' • . 1 L Xs + ilk :,tet ' ,$ • i t 1' ;r, YE \- \, 15.1 . . : , , ,,,. . I I 0 . 1 • PICKLEBALL IMPR • $ ME1T �111.11.11 \ 1 • FM TENNIS 29 • r.''q11 lib 010 46 . BUSINESS .,. i _ 4. - _ PLAN A datadrivenbusinesqoIan built on trends, I competitioaccctrategimarketing tire ., Statisticsndiemographics 01 ------_,,,,___-- —._.__„T 40 02 Competitiialysis 03 Competitiielvantage FM TENNIS ■ l 30 Key Pickleball Stats for 2024 STAll ST I CAL 0 36.5+ million 223.5% TRENDS Number of pickleball a a _ Pickleball's growth players in the US rote over the last 3 years • 18-3413,969 • Tennis surged, then platcpnu-amming elf Largest age bracket of O Number of places to pickleball players play pickleball in the US now drives growth (28.8% of total) • Pickleball explot13% growth, led-by 1 : p $152.8 million /J' 7.7'% Pickleball paddle market _ Forecasted mpound 34 yeamlds size in 2021 growth rate through co2028an 'iCKLEHEADS • Florida expects r srieeblevel experience is the standard Participation Rates for Popular Sports and Activities • Core audience6plus youth & seniors Participants (MM) through tailored outreach FM TENNIS ■� 36.5 27.0 111 au En �> Biking Run,. ;xill Golf Tennis BaxMll Soccer FoofhoII ill!! ‘i.'"'I° r COMPETITIVE , , ....._ ...... , •` R*. ANALYSIS . R e '14 . . : -, 44,• Delray: 14-FHar, 8 pickleball, major events . -; - ' ' _' _ � , • Boynton Advantage: • ° • Lower pricing = broader access , .,,,* r . \--,:\,_-\ ` . j. ' ' \'' \Ali • Modern tech & smoother customer experience ,. � r /,. • Night court access + elite training pathway - — -= - - 07 w V1114 _4 -tent, • Stronger local relationships & community reach FM TENNIS ■u 32 -1-: -.„...„ Jk, , , . .„ . , , , IV1ARKETING1 ,, . . PLAN , _ , A targeted marketingstrategyto boost visibilit ,� / 9 Y 4,, >> participation, and build community around BBTC • Brandinnclusive & affordable • Social Med20K+ followers 4iir • WebsiteSEO + reservations = hi ,,,„ ',„,„___* `, • EmaW7K+ local contacts • Outreac#Schools & Chamber • Map&Visibility & reviews FM TENNIS 33 1:V7 fir . . . .. '1 r' , ' ' • 4., iltrP-1111IL 1.0 • •ail • • • -•? . 4111 , ____I_____. ... til '•'•,,,,..01' 4,), '.. - , 1 ..v.• ‘, 4- ,, „ - kit . - 2 ab.---------°° _ ,.• , - ••-& * .r.--- • 0.,...-- .0- •e• , I d, bi. , .,-.001"r•- • ' - '". . 1 , ......vi ..'. ---- - - - ' '1.,, , ier- --- .• ' 1 1 . . _ _„ _ b — -r ,' ... .., .. I i 1 ii, , . . , •ir ,4 I: Ili- . ' ..,?..•.0 -..,- .'• ' I 5 Ir . . ,. - : -- joi. 4 „rim s •-, -. t .. 4 ..,. ,-,-,-:, .$ ..,., a c • _,, tyv..• 0 ..„, . ; , 4. , r---*; . i pa 1 imal ,•4-• ‘ - : ii , - IF .,i, ' 4,-.r...64 ---z-:• .190%,..,. ' . '''' • 7 1 i .."7,rtl. ',- 1.- 1--"' - •.' . ' '' -_ . . u ........___- ; • \sw li tli — — -,' .._. . .. ._ TOTAL PROJECTED REVENUE: F 1 N)NN c 1AL COURT RENT45.03,000 TENNIS MEMBERSI$4328,000 OUTLOOK PICKLEBALL MEMBER-$131P3s9300 PRIVATE LESSCEI1S9 MILLION CLIN1CS$1.47 MILLION TOURNAMEN$$.1 MILLION FM TENNIS 34 EN . FIVE YEAR OUTLOOK Tennis Pickleball 1200000 1000000 800000 600000 400000 200000 0 Year 1 Year 2 Year 3 Year 4 Year 5 FM TENNIS ■� 35 It : .„:-.:41:Lai .....14 . -1111t1. . ' • 40*-7-11," ...-N4-.-. l j-- 4,, 1/eV:\ 11:1414*4 ' • , 4.0 ti"i•� �� .. '�► • 1 .ilks- ' 4,r - 1 '. 1 111::"I':16:1, .��_.� of FACILITY R N:'55,000 (OVER 5 YEARS) CITYRETU R UTILITIES 613,000+ REVENUE SHARE-($80,000 \/1A& L U E -' TOTAL CT1YRE'ILJRN$683,009 PLUS ALGID VALUE FROMEVENTS, IN/PROVEN/EN-IS, AND LOCAL FECNCNIC IMPAC I FM TENNIS ■N 36 TIMELINE FOR STARTUP 01 STAFF ONBOARDING & CITY COORDINATION 02 FACILITY UPGRADES & SYSTEM SETUP 03 STAFF TRAINING & MARKETING LAUNCH 04 T LAUNCH + COMMUNITY KICKOFF FM TENNIS ■� 37 , t ' 4; t-k'l`s• " • ,,,...,-, 4,0. -,, r "tir• ", ' 4 • \s4,..- -r g i / I . I ,....... , • —.IA ig, , irr, a .„....,,,v,,,,.„3.., - -1, - • ow , , •••*t1 A Ui I 111 _ . -LI ,.,, , • r _41 AP .....-- - 'mi." _ikA13 THANK YOU ., 1. 4 FOR WATCHING :.) 1 ' :, ..:" It: ', "`" '.•.‘ ' Vila -.414 Oki I / v..,,,,, Nie 4,,,.;;;..,,. • , .0. 1 0 N 'I wwvim-ten n i so m .?J?4 ..• 4. ,,....40; ,.. ,,,....), '.._. . . 17'I ,.. * t- 1 ii i ,......,. ' 0 i