R07-129
II
1 RESOLUTION NO. R 07- I aq
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE
6 EXECUTION OF A CONTRACT (RFQ # 002-2710-
7 08/CJD) BETWEEN THE CITY OF BOYNTON
8 BEACH AND SUSAN B. GOODMAN AND
9 GEOFFREY COBB FOR A ONE YEAR CONTRACT
10 FOR TENNIS INSTRUCTION AT THE BOYNTON
11 BEACH TENNIS CENTER; AUTHORIZING THE
12 CITY MANAGER AND CITY CLERK TO ENTER
13 INTO THE CONTRACT; AND PROVIDING AN
14 EFFECTIVE DATE.
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16 WHEREAS, the City of Boynton Beach issued a Request for Qualifications
17 (RFQ #002-2710-08/CJD) for a One Year Contract for Tennis Instruction at the Boynton
18 Beach Tennis Center; and
19 WHEREAS, on October 3, 2007, Procurement Services opened and tabulated
20 one response to the RFQ. The proposal from the sole bidder, Susan 13. Goodman and
21 Geoffrey Cobb was reviewed by the Recreation/Parks Department who recommends
22 them as being responsive responsible bidders who meet all specifications and
23 qualifications; and
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and
27 confirmed as being true and correct and are hereby made a specific part of this
28 Resolution upon adoption.
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
30 hereby approves the award of RFQ #002-271O-08/CJD to Susan B. Goodman and
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Tennis Pro. doc
II
Geoffrey Cobb for a One Year Contract for Tennis Instruction at the Boynton Beach
2 Tennis Center.
3 Section 3. The City Commission authorizes the City Manager and City Clerk to
4 execute a One-year Contract for Tennis Instruction at the Boynton Beach Tennis Center
5 with Susan B. Goodman and Geoffrey Cobb, a copy of which is attached hereto as
6 Exhibit "A".
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Section 4.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED THIS ~ day of November, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
~~
/,,;or ;/
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ATTEST:
c~~&
CommIssIOner ~-
-
.P~
M. Prainito, CMC
Clerk
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Tennis Pro.doc
R07-/~q
ONE- YEAR CONTRACT FOR TENNIS INSTRUCTION
A T THE BOYNTON BEACH TENNIS CENTER
THIS AGREEMENT is entered into between the City of Boynton Beach, her~inafter referred to
as "the City", and Susan B. Goodman and Geoffrev Cobb. hereinafter referred to as "the
Tennis Instructor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Tennis Instructor is retained by the City to perform tennis
instruction and related activities in connection with the project designated One-Year
Contract For Tennis Instruction at the Bovnton Beach Tennis Center.
2. SCOPE OF SERVICES. Tennis Instructor agrees to perform the services, identified in
Exhibit "A" attached hereto, including the provision of all labor, materi~ls, equipment and
supplies.
3. TERM OF AGREEMENT. Work under this contract shall commence upon the giving of
written notice by the City to the Tennis Instructor to proceed. This agreement shall be in force
for a period of one (1) year, unless sooner terminated as provided in Section 14, Termination.
This agreement shall be effective November 8. 2007.
4. Within seven calendar (7) days of the ratification of this agreement, the Tennis Instructor will
provide the Recreation & Parks Department a list of all tennis related services and activities
that will be rendered. This list can be modified as needed by mutual agreement between the
Tennis Professional and Recreation & Parks Director or his designee.
5. PAYMENT. The Tennis Instructor shall charge a fee for services rendered. 30% of the fee
(net of supplies, equipment) and the non-resident surcharge shall be retained by the City.
ALL FEES WILL BE COLLECTED BY THE CITY. The City shall remit the remaining
balance collected to the Tennis Professional on a bi-weekly basis.
6. COMPLIANCE WITH LAWS. The Tennis Instructor shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all federal, state
and local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
7. INDEMNIFICATION. The Tennis Instructor shall indemnify, defend and hold harmless the
City, its offices, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, including attorneys fees and costs, arising from injury or
death to persons, including injuries, sickness, disease or death to Tennis Professional's own
employees, or damage to property occasioned by a negligent act, omission or failure of the
Tennis Professional.
8. INSURANCE. The Tennis Instructor shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage
of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
1
per occurrence/aggregate for property damage, and professional liability insurance in the
amount of$l,OOO,OOO.
9. Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Tennis Instructor and the City agree that the Tennis
Instructor is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither the Tennis Instructor nor any
employee of the Tennis Instructor shall be entitled to any benefits accorded City employees by
virtue of the services provided under this agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for contributing to
the state industrial insurance program, otherwise assuming the duties of an employer with
respect to the Tennis Professional, or any employee of the Tennis Instructor.
11. COVENANT AGAINST CONTINGENT FEES. The Tennis Professional warrants that he has
not employed or retained any company or person, other than a bonafide employee working
solely for the Tennis Professional, to solicit or secure this agreement, and that he has not paid
or agreed to pay any company or person, other than a bonafide employee working solely for the
Tennis Professional, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this agreement.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
12. DISCRIMINATION PROHIBITED. THE TENNIS PROFESSIONAL, WITH
REGARD TO THE WORK PERFORMED UNDERTHIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR
SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES
OR PROCUREMENT OF MATERIALS OR SUPPLIES.
13. ASSIGNMENT. The Tennis Professional shall not sublet or assign any of the services
covered by this agreement without the express written consent of the City.
14. NON-WAIVER. WAIVER BY THE CITY OF ANY PROVISION OF THIS
AGREEMENT OR ANY TIME LIMITATION PROVIDED FOR IN THIS
AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF ANY OTHER
PROVISION.
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15. TERMINATION
a. The City reserves the right to terminate this agreement at any time by giving thirty (30)
days written notice to the Tennis Profession.
b. This agreement may be terminated immediately for default.
c. This agreement may, at the option of the City, be terminated immediately if the
Tennis Professional shall become insolvent or bankrupt, make an assignment for the
benefit of creditors or be convicted of a crime or any other similar gross misconduct.
16. RENEWAL. The contract has an option to renew for two (2) additional one (1) year
periods subject the Tennis Professional acceptance, satisfactory performance and determination
that renewal will be in the best interest of the City.
17. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: Wally Majors, Recreation Director
Notices to Tennis Professional shall be sent to the following address:
Susan B. Goodman
Geoffrey Cobb
3940 Maiestic Pglm Way
Delray Beach, FL 33445
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Tennis Instructor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Tennis
Instructor.
3
DATEDthis~dayof NOVeMber
CITY OF BOYNTON BEACH
itu2~
City Manager
Attest/Authenticated:
4
,2001 .
Te
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Title
(Corporate Seal)
Attest/Authenticated:
Secretary
EXHIBIT "A"
Tennis Instructor
1. Shall submit a written list of all classes, clinics, and tennis related activities that will be
offered.
2. Shall have exclusive right to offer tennis instruction at the Boynton Beach Tennis Center.
3. City shall have the final approval on what activities are offered. Approval will not be
unreasonably withheld.
4. The Tennis Instructor must be a member of the United States Tennis Association (USTA), and
must be a certified as a United States Professional Tennis Association (USPT A) Professional
1 or Master Professional level. If the Tennis Instructor uses any instructional assistants, they
must be certified at minimum level of USPT A Professional 1. At least 50% of instructional
services must be personally administered by the Tennis Instructor.
Equipment
The tennis instructor will use all his/her own equipment that is approved by the appropriate
governing agency. Equipment may include, but is not limited to stringing machine, serving
machine, audio visual equipment.
Si!mae:e/ Advertisine:
No signs, advertising materials, posters, and other such material may be used by the tennis
instructor without permission from the Recreation & Parks Director or his designee.
Assistant Instructor(s)
1. The Tennis Instructor will provide, supervise, and compensate all assistant instructors if
needed. Assistant instructors will be employees of the Tennis Instructor, not the City. The
Tennis Instructor shall at all times be an independent contractor and the agreement shall not in
any way create or form a partnership or joint venture with the City. No agent, servant, or
employee of the Tennis Instructor shall under any circumstances be deemed an agent, servant,
or employee ofthe City.
2. Tennis Instructor shall provide a list of assistant instructors to the city and provide proof that
they have undergone a background check with the State of Florida Department of Law
Enforcement and the results of the background check for each who will be working at the
Tennis Center. The City shall retain the right to prohibit an employee from working at the
Tennis Center based on the results ofthe background check.
3. The Tennis Instructor shall employ only competent personnel to perform tennis servIces.
Assistant instructor( s) must be certified at minimum level of USPT A Professional 1.
s
4. In the event that City, in its sole discretion, at any time during the term of this contract, desires
the removal of any person or persons employed by the Tennis Instructor to perform tennis
services pursuant to this agreement, the Tennis Instructor shall remove any such person
immediately upon receiving notice from the City of the desire of the City for the removal of
such person or persons.
Miscellaneous
1. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
anywhere within the Tennis Center grounds.
2. Tennis Instructor and any assistant staff shall be at all times neatly and cleanly dressed.
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Wally Majors
Recreation Director
FROM: Janet M. Prainito
City Clerk
DATE: November 21, 2007
SUBJECT: R07-129 One-Year Contract for Tennis Instruction at the Boynton Beach
Tennis Center
Attached for your handling is one partially executed original agreement mentioned
above and a copy of the Resolution. Once the document has been fully executed,
please return the original document to the City Clerk's Office for Central File.
Thank you.
~Yn. ~
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmitlals\2007\Wally Majors R07-129.doc
America's Gateway to the Gulfstream
Janet Prainito
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SUB~CT RFP# 002-2710-08 CJD
ONE YEAR CONTRACT FOR TENNIS INSTRUCTION AT THE TENNIS CTR
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SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COpy
44-902. Triplicate. 250 Sets
448-902. Triplicate. 50 Sets