R09-006
II I
1 RESOLUTION NO. R 09-()r~,
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 (RFP #013-2710-
7 09/CJD) BETWEEN THE CITY OF BOYNTON
8 BEACH AND ROBERT J. HOWELL OF DELRA Y
9 BEACH, FLORIDA 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.
15
16 WHEREAS, the City of Boynton Beach issued a Request for Proposals (RFP
17 #013-2710-09/CJD) for a One Year Contract for Tennis Instruction at the Boynton Beach
18 Tennis Center; and
19 WHEREAS, on November 13, 2008, Procurement Services opened and tabulated
20 four (4) responses to the RFP. An evaluation committee was formed which recommends
21 Robert 1. Howell as being the most qualified, responsive proposer who meets all
22 specifications and qualifications; and
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
28 Section 2. The City Commission of the City of Boynton Beach, Florida,
29 ereby approves the award of Contract pursuant to RFP #013-271 0-09/CJD to Robert 1.
30 owell for a One Year Contract for Tennis Instruction at the Boynton Beach Tennis
:\CA\RESO\Agreements\Bid Awards\Award of RFP - Tennis Pro (2009).doc
. . I
1 Center.
2 Section 3. The City Commission authorizes the City Manager and City Clerk to
3 execute a One-year Contract for Tennis Instruction at the Boynton Beach Tennis Center
4 with Robert 1. Howell, a copy of which is attached hereto as Exhibit "A",
5 Section 4. That this Resolution shall become effective immediately.
6 PASSED AND ADOPTED THIS ~ day of January, 2009.
7 CITY OF BOYNTON BEACH, FLORIDA
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17 Commissio
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20 //J~~~~
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22 ATTEST:
23 Commissioner - Marlene Ross
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25 Yn. ~
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27 M. Prainito, CMC
28 Clerk
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R. 0'1 - CJOf,
PROFESSIONAL AGREEMENT FOR
"ANNUAL CONTRACT FORA USTPA CERTIFIED TENNIS
PROFESSIONAL"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Robert Howell, hereinafter referred to as "the professional", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The professional is retained by the City to perform TENNIS
PROFESSIONAL services in connection with the project designated.
2. SCOPE OF SERVICES. Professional agrees to perform the services, identified on Exhibit
"A" attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the professional to proceed. Professional shall perform all
services and provide all work product required pursuant to this agreement for one year unless
an extension of such time is granted in writing by the City.
4. TERM: This Agreement shall be for a period of one (1) year commencing on the date the
Agreement is executed by the City.
5. PAYMENT The professional shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to
professional for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by professional shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Professional
shall not exceed the total contract price without express written modification of the
Agreement signed by the City Manager or his designee.
c. The professional may submit invoices to the City once per month during the progress of
the work for partial payment for project completed to date. Such invoices will be reviewed
by the City, and upon approval thereof, payment will be made to the professional in the
amount approved.
d. Final payment of any balance due the professional of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The professional's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3) years
after the termination of the Agreement. Copies shall be made available upon request.
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6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the professional in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The professional shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with professional's endeavors.
7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated
by this 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.
8. INDEMNIFICA TION. Professional 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 professional's own employees, or damage to
property occasioned by a negligent act, omission or failure of the professional.
9. INSURANCE. The professional 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 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
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 professional and the City agree that the professional
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 professional nor any employee of professional
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
professional, or any employee of professional.
11. COVENANT AGAINST CONTINGENT FEES. The professional warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the professional, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the professional
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
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
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otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
DISCRIMINATION PROHIBITED. The professional, with regard to the work performed by
it under this 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.
ASSIGNMENT. The professional shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
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.
TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the professional.
b .In the event of the death of a member, partner or officer of the professional, or any of
its supervisory personnel assigned to the project, the surviving members of the
professional hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the professional and the City, if the City so
chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
% Virginia Shea
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to professional shall be sent to the following address:
Robert Howell
703 Enfield Rd.
Delray Beach, FL 33445
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the professional and
supersedes all prior negotiations, representations, or agreements written or oral. This
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agreement may be amended only by written instrument signed by both City and the
professional.
DATED this _ day of ,20_
CITY OF BOYNTON BEACH
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City Manager Y\l~T 8~ESS~IER Professional
C i -,.'1 Il.~N ^C ER
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U'~ ~ 't i _I J I
Attest/Authenticated:
Title
Yr). ~ (Corporate Seal)
Attest/Authenticated:
Q{RL
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Office ofthe City Attorney Secretary
Rev. 1/22/91
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EXHIBIT" A"
SCOPE OF SERVICES
Section III Background Information:
The Tennis Center includes seventeen (17) Har- Tru and four (4) composite courts, restrooms,
and a pro shop.
Approximately 1500-2000 patrons visit the Tennis Center each month. Individuals or families
may become annual permit holders, which allows them to play at a reduced rate. During the
fiscal year 2007-08 (October - September), 153 permits were sold.
The Tennis Center is owned by the City of Boynton Beach. The City is looking to enter into an
agreement with a successful Tennis professional where a percentage of the fees are retained by
the City as described in the RFP, under the General Information and Selection Criteria
section.
Section IV - Scope of Services
. Provide professional tennis instruction for all groups and levels of play at a reasonable
fee. Professional may use up to four (4) Har- Tru courts for instructional services.
. Provide professional tennis instruction, clinics, drills throughout the week including week
days, week nights and weekends according to schedules and appointments.
. The professional must be a member of the United States Tennis Association (USTA), and
must be a certified United States Professional Tennis Association (USPTA) Master
professional, professionall or professional 2.
If the professional plans to use assistants, they must be USPT A teaching certified,
professional 3 or Developmental Coaches.
If the professional plans to use assistants, whether they are assisting during the entire
length of the contract or if they are teaching on a temporary basis, the assistants must
abide by all terms and conditions of this contract.
. The City is seeking a tennis pro who can provide racquet stringing services on site and
will offer the City a percentage of revenue collected for the service to patrons. Please
state the amount in your proposal.
. The professional must provide a certificate of insurance to the City's Risk Manager. (See
attached advisory form)
. The professional must plan for and host one new local or club (Tennis Center)
tournament by organizing and conducting said tournament during the center's operational
hours. The City will collect all entry fees and retain 30% of the gross revenue.
Professional will be paid 70% of gross revenue immediately following the tournament
and is responsible for all expenses pertaining to the tournament.
EXHIBIT" A"
SCOPE OF SERVICES
Staffing, for said tournament including any necessary overtime for maintenance or
clerical assistance, must be paid by the professional. Overtime rate is a flat $35 per hour
for both maintenance and clerical assistance.
. The professional and any assistants or support personnel shall complete a national
background history check which the City will process. City shall retain the right to
prohibit anyone from working at the tennis center based on the results of the
background check.
. The professional must assist City in conducting one United States Tennis Association
(UST A) sanctioned youth tennis tournament by acting as Tournament Director, for
which the pro will be paid a flat fee of $200 per day for the number of days of the
tournament.
. The Tennis professional must give ten hours of time during the period of the contract in
volunteer hours for charity event(s).
. The Tennis professional must provide tennis related instruction through a full twelve
month period from the date of signing the contract until the end of the contract.
. Professional may use up to four (4) Har-Tru courts for instructional services. More
courts may be made available based on approval by the Tennis Center supervisor.
. The City will pay the primary professional only. If the professional plans to use
assistants, the professional will be responsible for paying any other certified assistant(s)
who provide patron services.
. A fee schedule of all lessons, programs, activities and other tennis related services must
be submitted to the Recreation and Parks Department for final approval within one week
of the ratification of the contract for the first year and continue thereafter on an annual
basis.
. The fees charged must be competitive with similar tennis services in our area and will be
reviewed by City staff prior to approval. Any changes to the fee schedule during this
contract period must be submitted to the Recreation and Parks Director or his designee
for review and approval prior to being implemented.
. The professional may set fees for programs, clinics, drills and lessons with approval of
the City. All activity fees will be collected by the City. The professional must state the
amount in the proposal. The City will retain the surcharge for all non-residents.
. Instructional fees for non-residents will be a minimum of 25% above the fee for
residents. A minimum charge to non-residents of $3.00 above the resident fee will be set
for programs and services priced under $12.00. The fee will be set and retained by the
City.
EXHIBIT" A"
SCOPE OF SERVICES
. The City will pay the professional on a bi-weekly: basis according to the contracted
percentage of lessons and programs. The professional will check in with City staff each
day to update their program schedules, check for phone messages, check for or make
cancellations.
. The Professional will be responsible for direct communication with hislher
patrons/clients concerning specifics about lessons, program and activities. Confirming
schedules with City staff is important so that staff can communicate with patrons
concerning their reservations.
. City staff must provide customer service to patrons, to collect fees, arrange and cancel
daily activities and lessons, assist with scheduling and taking phone messages. City staff
will not provide clerical assistance directly to the professional.
. Fees for services charged to patrons are to be paid in the pro-shop to City staff prior to
the patron participating in any lessons, programs, activities and other tennis related
services. Professionals are not permitted to receive money directly from permit holders
or guests.
. The professional is to provide patrons and staff of the Tennis Center with a positive
tennis experience. Patrons and staff will be treated courteously and respectfully. The
professional shall be patient and polite when dealing with patrons and staff regardless of
the circumstance.
. Children under the age of 12 should be supervised by an adult when on property.
Professionals will assist staff with insuring that patrons abide by all rules of the facility.
Maintenance and General Operation of the Tennis Center:
. The professional shall be responsible for notifying the City of any maintenance related
concerns that do not meet or satisfy the standards adopted and/or applied by the United
States Tennis Association.
. The City shall maintain the Tennis Center, which includes the tennis courts, windscreens,
fencing, lighting, landscaping and irrigation. No adjustments will be allowed to irrigation
without approval of the Recreation & Parks Tennis Center supervisor.
Equipment:
. The professional is to provide to the City a monthly service charge for use of city
equipment (baskets, balls, tubes, etc.) at a cost of $50 per month or the professional can
provide his/her own equipment. The City will not have available storage space for other
than City owned equipment.
EXHIBIT" A"
SCOPE OF SERVICES
. The professional will be responsible for providing all necessary supplies that are needed
as part of the lessons, programs, activities and other tennis related services being
organized. If supplies and/or equipment are needed as part of the lessons, programs,
activities and other tennis related services, the cost shall be deducted from the gross
revenue collected as part of the participation fee(s) for said lessons, programs, activities
and other tennis related services.
Signagel Advertising:
. No signs, advertising materials, posters or other such materials are permitted without
written permission from the Recreation and Parks Director or his designee.
. The City shall promote all tennis lessons, programs and activities (with the exception
of pro-shop operations) through its various marketing tools, including Funfare!
Magazine, media releases and flyers using standardized formats for these tools. The
professional will be responsible for meeting print deadlines for all programs offered.
Hours and Dates of Operations:
. The Tennis Center is opened year round with the exception of Thanksgiving,
Christmas, Easter and July 4th.
. Hours of operation are Monday - Thursday, 8 a.m. - 9 p.m., Friday, 8 a.m. - 4 p.m.,
Saturday and Sunday, 8 a.m. - 1 p.m. These are the hours that the facility is available
for lessons, programs, activities and other tennis related services provided by the
professional. The professionals shall conduct lessons, programs, activities and other
tennis related services only during operational hours.
Terms of Agreement:
. The agreement shall be for a period of one (1) year with an option to renew for an
additional two (2) one (1) year periods subject to vendor acceptance, satisfactory
performance and determination that renewal will be in the best interest of the City of
Boynton Beach.
. The City shall collect a percentage of all fees based on submitted proposals that are
related to lessons, programs, activities, tournaments and other tennis related services
EXHIBIT" A"
SCOPE OF SERVICES
(see Scope of Services/Conditions and Specifications) being organized by
professional. Professional is responsible for supplies or equipment that must be
purchased as part of that activity.
. If the agreement is extended for two (2) additional (1) year periods, the percentage of
fees retained by the City may be renegotiated and mutually agreed upon by both
parties.
. The City reserves the right to terminate the contract ten (10) days after delivery of
written notice of such termination and reason(s) for the termination. Such reasons
can include, but are not limited to the following examples:
a. Discourteous actionslbehaviors toward patrons or staff
b. Poor quality instruction
c. Failure to cooperate with staff; negative comments toward staff, Tennis Center or
City of Boynton Beach.
d. Action bringing discredit to the City
e. Involvement of professional in illegal activity
f. Not charging current lesson amount for actual time on court
General Information and Selection Criteria:
The response should be designed to portray to the City how the professional's range of
experience and qualifications can best provide the City with a "ONE-YEAR CONTRACT
FOR TENNIS LESSONS, PROGRAMS, ACTIVITIES, TOURNAMENTS AND
OTHER TENNIS RELATED SERVICES AT THE BOYNTON BEACH TENNIS
CENTER".
In order to evaluate responses the following information should be included:
a. Experience of the professional with similar activities.
b. Evidence of United States Professional Tennis Association (USPT A) rating of
professional and assistants.
c. Previous experience in UST A team management, organizational and coaching
skills.
EXHIBIT" A"
SCOPE OF SERVICES
d. The Tennis pro will provide racquet stringing services on site and proposes to
retain _ % of the revenue collected for each racquet that is strung, and the City
will retain the remaining %.
e. Experience and ability to organize and implement tennis tournaments for all skill
levels and abilities.
f. For all Tennis instruction and related services, including lessons, clinics, camps or
drills being offered by the Tennis professional, he/she proposes to retain_%
and the City will retain the remaining _ % of the service fee.
.
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: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: January 27, 2009
SUBJECT: R09-006 Annual Contract for a USTPA Certified Tennis
Professional
Attached for your handling is the partially executed 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. A~~
Attachments (2)
C: Central File & Follow-up
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-006.doc
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