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Resolution No. 2018-50 Awarding RFP 18-02-13-2 Professional Tennis Program Management & Court Maintenance Services to Nunez Tennis Training - May 17, 2018
RESOLUTION NO. 2018-50 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING RFP NO. 18-02-13-2 PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES TO NUNEZ TENNIS TRAINING PURSUANT TO THE AGREEMENT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF AVENTURA AND NUNEZ TENNIS TRAINING; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted proposals for RFP NO. 18-02-13-2 CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES; and WHEREAS, pursuant to Resolution No. 2018-36 fees were negotiated with Nunez Tennis Training, the top ranked proposal; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said contract to Nunez Tennis Training. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA THAT: Section 1. RFP NO. 18-02-13-2, PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES is hereby awarded to Nunez Tennis Training. City of Aventura Resolution No. 2018-50 Section 2. The City Manager is hereby authorized to execute the attached Agreement (Exhibit "A"), between the City of Aventura and Nunez Tennis Training for Professional Tennis Program Management and Court Maintenance Services as per the provisions and specifications set forth in RFP NO. 18-02-13-2. Section 3. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this contract. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Landman, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes Page 2 of 3 City of Aventura Resolution No. 2018-50 PASSED AND ADOPTED this 17th day of May, 2018. �� - ENID WEISMAN, MAYOR FLo$ ATTEST: C� ELLISA L. HORVATH,' C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: 111---) LA117 CITY ATTORNEY Page 3 of 3 EXHIBIT"A" AGREEMENT BETWEEN THE CITY OF AVENTURA AND NUNEZ TENNIS TRAINING FOR RFP# 18-02-13-2 PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND TENNIS COURT MAINTENANCE SERVICES THIS AGREEMENT is entered into this 1St day of June, 2018 between the City of Aventura, a Florida municipal corporation, (CITY), and Nunez Tennis Training, (CONTRACTOR). WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide tennis programs, activities, events, classes and tennis court management services; and WHEREAS, the CONTRACTOR desires to provide professional tennis programs, activities, events, classes and tennis court management services to the CITY and its residents. NOW, THEREFORE the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The CONTRACTOR agrees to: 1 .1 Provide professional tennis programs, activities, events, classes and tennis court maintenance services for CITY residents in accordance with the conditions and specifications set forth in Exhibit "1" Request For Proposal # 18-02-13-2 Professional Tennis Program Management and Tennis Court Maintenance Services and response as Exhibit "2" which are attached hereto and made a part hereof. Provisions to CONTRACTOR response in Exhibit "2" will be further outlined in sections 1 .3, 1 .8, 1 .17, 2.2, 2.3, 2.4 and 2.8. 1 .2 Conduct all tennis programs, activities, classes, events, lessons, tournaments and services as assigned by the City Manager, or her designee, in a professional, careful and responsible manner with due regard for the safety of the participants and others, during normal operating hours. CONTRACTOR shall also advise the Community Services Director, in writing, of all schedules, to which the Community Services Director may recommend changes. 1 .3 Be solely responsible, at CONTRACTOR's sole expense, for securing, providing and compensating all assistants, instructors, officials, and other personnel costs associated with providing tennis programs, classes, activities, events, lessons, court maintenance, or as required by the CITY, at its sole discretion. The CITY shall provide a court daily for the CONTRACTOR from 8 AM — noon and 1 PM to close to provide tennis lessons, classes, activities, events, and other programs. In the event the court is not being used for programming, the CONTRACTOR will ensure the time slot is available for the residents to utilize. 1.4 CITY shall register all participants for all programs as described in Section 1.2 at no cost to the CONTRACTOR. 1.5 Be solely responsible for procuring, providing and paying for staff uniforms, tennis balls, ball collection apparatus and all other costs associated with providing tennis programs, classes, activities, events, tournaments, and lessons as may be required, and to perform these professional tennis management services safely and adequately. CITY shall approve all uniforms prior to issuance. 1.6 Actively recruit and train volunteers to fulfill the roles of officials, scorekeepers, team parents, and other capacities for youth tennis and other programs. 1.7 Provide all tennis programs, classes, activities, events, lessons, tournaments and services as directed by the Community Services Director, at her sole discretion. The Community Services Director or designee shall authorize each program, class, activity, event, tournament or lesson that is current or new prior to planning registration and approve all schedules prior to conducting registration. 1.8 CONTRACTOR shall provide a recreational program for participants starting at three (3) years of age. Any additional program, class, activity, event, or lesson for ages not outlined in Exhibit "2" will follow sections 1.7 and 2.1. 1.9 Provide proof or documentation that all officials used by CONTRACTOR are certified, as approved by the Community Services Director, prior to the start of each season. 1.10 Provide the CITY with a copy of rules for each tennis program for CITY approval prior to the start of each season. 1.11 Provide that all tennis coaches involved in youth programs shall be certified by the USPTA or USPTR, or other approved sanctioning organization. 1.12 Actively supervise all tennis programs, classes, activities, events, lesson, tournaments and other services, providing a minimum of one employee for each site during all activities. 1.13 Provide active supervision of all youth tennis programs. All children shall be constantly and appropriately supervised at all times. A 1/6 supervision ratio shall be maintained at all times for all programs and other activities for ages up to 7. A 1/4 supervision ratio shall be maintained at all times for all programs and other activities for ages 8 and up. 1.14 Recognize that all City facilities shall be available for general public use at any time, or as otherwise authorized by the Community Services Director. Facilities may be closed for maintenance, special events, emergency or other per the Community Services Director and notice will be given to the CONTRACTOR. 1.15 Be responsible for enforcing compliance with the approved rules for all tennis programs, classes, activities, events, tournaments, and lessons. The CITY reserves the right to enact other rules, if necessary, at its sole discretion. 1.16 Have all of the CONTRACTOR's volunteers and employees complete Florida Department of Law Enforcement (FDLE) Volunteer and Employee Criminal History Screening (VECHS) or Florida Department of Children and Families (DCF) background screening in accordance with the Community Services Department Policy 1.7.1. All background screening shall be completed during the times and dates as determined by the CITY. Furthermore, the CITY reserves the right to enforce trespass laws upon and/or suspend, bar, ban, or expel any CONTRACTOR employee, coach, volunteer, counselor, or instructor from any CITY facility, park or center for any reason, at its sole discretion, without recourse from the subject person or the CONTRACTOR. 1.17 CONTRACTOR shall complete daily court maintenance of the courts three (3) times a day. All courts have maintenance completed and opened by 8 AM, the Har-Tru clay courts will have a mid-day maintenance and all courts will have a closing maintenance. In the event of an emergency or Act of God, the CONTRACTOR shall provide emergency procedures for the tennis courts and equipment. 1.18 Advise the CITY, at no charge, of specific purchasing needs including all other related costs for court maintenance. 1.19 Provide the CITY with any special maintenance requirements with at least a ten (10) day notice. 1.20 Provide, upon request from the CITY, concession and snack services for classes, activities, events, lessons or other programs at various locations. CONTRACTOR shall arrange for such services at no expense to CITY. CITY shall approve menu items and pricing prior to the sale of any item. ARTICLE 2 FEES AND COMPENSATION 2.1 CONTRACTOR shall be compensated for services rendered pursuant to the Agreement from fees collected by the CITY from participants or groups participating in tennis programs, classes, activities, lessons, and tournaments. All fees shall be approved by the City Manager, and CONTRACTOR shall not alter existing fees, or introduce any new fees without the written approval of the City Manager. CONTRACTOR shall be paid 85% of all revenues derived from all tennis programs managed by CONTRACTOR hereunder after CITY's background screening costs have been deducted. Said payments shall be due and payable by the fifteenth of each month for revenues derived from the previous month. 2.2 CONTRACTOR shall be compensated for the daily court maintenance per section 1 .17 for the monthly maintenance fee provided in Exhibit "2" financial proposal. 2.3 A one-time evaluation fee of $50 per participant enrolled in a program, activity or class will include a shirt, medal and a twenty (20) minute individual evaluation with the tennis pro. The evaluation fee will replace the CONTRACTOR's registration fee provided in the sports activity plan of Exhibit "2". 2.4 CONTRACTOR shall offer daily rates for camps and teacher planning day programs. A daily rate for a full day program shall be $125 and $75 for a half day program. 2.5 CONTRACTOR shall collect revenues from concession and snack services as described in 1 .20 herein, and shall pay the CITY 15% of the gross revenues by the fifteenth of each month from concession and snack revenues derived from the previous month. 2.6 CONTRACTOR shall not charge for any other services not contained in the Agreement. 2.7 All items sold by CONTRACTOR shall be approved by the Community Services Director prior to offering any item for sale. 2.8 Upon special request from the CITY, CONTRACTOR shall provide hourly employees. Those persons shall remain employees of CONTRACTOR, not CITY. CONTRACTOR shall charge an amount equal to 1 .3 of the employee's hourly salary. CONTRACTOR shall provide CITY with a list of hourly rates annually for all personnel classifications. 2.9 CONTRACTOR may solicit sponsors for tennis programs/tournaments, subject to CITY approval, at its sole discretion. Sponsors shall not be solicited without the express written consent of the Community Services Director. ARTICLE 3 TERMINATION OF AGREEMENT 3.1 CITY reserves the right to terminate this Agreement any time and for any reason upon giving sixty (60) days' notice to the CONTRACTOR. 3.2 If said Agreement should be terminated for convenience as provided herein, the CITY will be relieved of all obligations under said Agreement. The CITY will only be required to pay the CONTRACTOR that amount actually performed to the date of termination. Upon such payment, both the CITY and CONTRACTOR shall be relieved of any further obligations under this contract. 3.3 This Agreement may also be terminated by the City Manager, or designee upon such notice as the City Manager, or designee deems appropriate under the circumstances in the event the City Manager or designee determines that termination is necessary to protect the public health, safety, or welfare. 3.4 In the event services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), it shall be incumbent upon the CONTRACTOR to continue the service, if requested by the CITY, until new services can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing Agreement. ARTICLE 4 INDEPENDENT CONTRACTOR CONTRACTOR has control over the means and methods by which it performs the services. CONTRACTOR, its employees and agents shall be deemed independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits generally afforded City employees; further, CONTRACTOR, its employees and agents shall not be deemed entitled to the CITY'S worker's compensation, insurance benefits or similar laws. ARTICLE 5 INDEMNIFICATION CLAUSE CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from and against any and all claims, suits, damages, liabilities or causes of action arising during the term of this Agreement, arising out of, related to, or in any way connected with the performance or non-performance of any provision of this Agreement required of the CONTRACTOR, including personal injury, loss of life or damage to property and from and against any orders, judgment or decrees which may be entered, and from and against all costs, attorney's fees, and expenses incurred in and about the defense of any such claim and the investigation thereof. However, nothing herein shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance or failure of performance of CITY. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager or designee and the City Attorney, any sums due to CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. ARTICLE 6 INSURANCE The CONTRACTOR shall purchase and maintain, in full force and effect for the life of the contract, at CONTRACTOR'S sole expense, the following insurance policies: 1 . A Comprehensive general liability policy shall be provided which shall contain minimum limits of One Million Dollars ($1 ,000,000) per occurrence and Two Million Dollars ($2,000,000) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations. Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification provisions. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2. A workers' compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000) each accident. The CONTRACTOR acknowledges that the City will not be held responsible for Workers' Compensation or medical care for any/all of the CONTRACTOR'S employees. The City of Aventura shall be named as additional insured on policies listed as 1 and 2 of the CONTRACTOR'S above required policies of insurance except for the Workers' Compensation insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. Copies of all policies or certificates of such insurance shall be delivered to the city, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of the vendor is completed. All policies must be endorsed to provide the City with at least thirty (30) days' notice of expiration, cancellation, and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 7 MISCELLANEOUS 7.1 CONTRACTOR shall, without additional expenses to CITY, be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, county, and municipal laws, ordinances, and regulations in connection with the performance of the services specified herein. CONTRACTOR shall take proper safety and health precautions, including the employment of needed assistance, to protect participants, the CITY, the public and property of others. CONTRACTOR shall be responsible for all services performed during the term of this Agreement. 7.2 The CONTRACTOR shall not hold unauthorized classes or programs; promote any privately owned business; or solicit any participant in a CITY park or facility for any privately owned business. It is further understood that such action(s) may result in immediate termination of the Agreement and the forfeiture of all compensation due to the CONTRACTOR. 7.3 CONTRACTOR shall meet with the Community Services Director or designee, and shall attend all meetings as required. 7.4 No modification, amendment, or alteration of the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 7.5 This Agreement is non-transferable or assignable, and CONTRACTOR agrees not to transfer or assign the performance of services called for in the Agreement. 7.6 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 7.7 This Agreement shall commence effective as of June 1 , 2018 for an initial three (3) year term, subject to one (1) additional three (3) year period at the same terms, conditions and prices upon mutual agreement of both parties, and subject to the approval of the City Manager. The City Manager shall act for CITY hereunder. 7.8 AUDIT RIGHTS, the CITY reserves the right to audit the records of Successful Offeror (which are pertinent to the services to be performed) at any time during the performance and term of the Contract and after completion of contract term. If required by CITY, Successful Offeror shall agree to submit to an audit by an independent certified public accountant selected by CITY. Successful Offeror shall allow CITY to inspect, examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 7.9 PRIORITY OF PROVISIONS, if there is a conflict or inconsistency between any term, statement, requirement, or provision of any form and exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Sections 1 through 8 of this Agreement shall prevail and be given effect. 7.10 NOTICES, whenever either party desires to give notice unto the other, it must be given by written notice, sent by United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, CONTRACTOR and the CITY, parties designate the following as the respective places for giving notice for giving of notice: FOR CITY: FOR CONTRACTOR: Susan Grant Colon Nunez City of Aventura Nunez Tennis Training 19200 W. Country Club Drive 21399 Marina Cove Circle #M13 Aventura, FL 33180 Aventura, FL 33180 305-466-8910 305-682-9444 ARTICLE 8 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are prohibited from in any way providing campaign contributions to City commission candidates. B. City Code Sec. 2-420. Prohibited campaign contributions by vendors. (a) General, prohibition, disqualification, definitions. (1) a. No vendor shall give, solicit for, deliver or provide a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the Offices of Mayor or Commissioner. Commencing on the effective date of this article, all proposed City contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or solicitations of bids issued by the City, shall incorporated notice of this section so as to notify potential vendors of the proscription embodied herein. b. No candidate or campaign committee of a candidate for the Offices of Mayor or Commissioner, shall deposit into such candidate's campaign account any campaign contribution which is received directly or indirectly from a vendor or which such candidate or campaign committee knows or should know was solicited by or for a vendor or delivered or provided for a vendor. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming through examination of the official vendor list which is posted on the City's website to verify the vendor status of any potential contributor. A candidate or the campaign committee of a candidate shall not be in violation of this subsection if the vendor was not listed as a vendor on the City's website at the time that the contribution was received or deposited so long as the candidate or the campaign committee of a candidate did not know that the person or entity was a vendor of the City. (2) Each prohibited act of giving, soliciting for, delivering or providing a campaign contribution or depositing a campaign contribution in violation of this section shall constitute a separate violation. All contributions deposited into a candidate's campaign account in violation of this section shall be forfeited to the City's General Fund. (3) a. A person or entity, other than a then existing vendor, who directly or indirectly makes a campaign contribution to a candidate who is elected to the office of Mayor or Commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the City. A then existing vendor who directly or indirectly makes a contribution to a candidate who is elected to the Office of Mayor or Commissioner, shall be disqualified from serving as a vendor with the City for a period of 12 months from a final finding of a violation of this section, or from the time of action on a waiver request by the City Commission pursuant to subsection (b) below, in the event that a waiver is sought by the vendor. In the event that such waiver request for a particular transaction is granted, the affected vendor shall nonetheless be disqualified from serving as a vendor with the City as to any other goods, equipment or services to be provided by the vendor to the City, beyond the vendor goods, equipment or services which are the subject matter of any waiver which is granted. In the event such waiver request is denied for a particular transaction the 12-month disqualification period shall continue to apply to both the particular transaction for which the waiver was sought, as well as all other vendor activities for the provision of goods, equipment or services to the City during that 12-month period. b. For purposes of this section, the term "disqualified" shall be defined to include: 1. Termination of a contributor/vendor's existing contracts with the City, subject to the applicable waiver provisions of subsection (b) herein; and 2. Disqualification of a contributor's response to solicitation requests for prospective vendor contracts with the city, subject to the applicable waiver of subsection (b) herein. (4) As used in this section: a. Vendor. 1. A "vendor" is a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid to provide to the City goods, equipment or services, or has been approved by the City of a present or pending award to provide to the City goods, equipment or services, prior to, upon or following execution of a contract, or purchase order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term "firm" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. "Vendor" shall not include City officers or employees. 4. For purposes of this section, "vendor" status shall terminate upon completion of performance of the agreement for the provision of goods, equipment or service. b. Services. For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or otherwise, of labor, professional and/or consulting services to the City, including, but not limited to, the provision of lobbying services to the City. C. Campaign contributions. The term "campaign contribution" shall have the meaning which is ascribed to the term "contributions" pursuant to F.S. § 106.011, as amended. (b) Waiver of prohibition. (1) Criteria for waiver. The requirements of this section may be waived by the affirmative vote of five members of the City Commission for a particular transaction after a public hearing, upon finding that: a. The goods, equipment or services to be involved in the proposed transaction are unique and the City cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or b. The business entity involved in the proposed transaction is the sole source of supply as determined by the City Manager in accordance with procedures established by the City Manager; or C. An emergency contract (as authorized by subsection 2-253(5) of this Code) must be made in order to protect the health, safety or welfare of the citizens of the City; or d. A contract for the provision of goods, equipment or services exists which, if terminated by the City would be substantially adverse to the best economic interests of the City. (2) Limited waiver. Notwithstanding the denial of the City Commission of a waiver request regarding the provision of goods, equipment or services under an existing contract pursuant to subsection (b)a. above, the City Commission, may by the affirmative vote of five members of the City Commission after a public hearing, grant a limited waiver concerning an existing contract for the provision of goods, equipment or services between a vendor and the City upon finding that in order to protect the health, safety and welfare of the citizens of the City, it is necessary that the affected contract be continued for a limited duration (not to exceed a period of six months) in order for the City to obtain a replacement vendor. (3) Full disclosure. Any grant of a waiver or limited waiver by the City Commission must first be supported with a full disclosure of the subject campaign contribution. (c) Implementation. The City Manager is authorized to adopt additional procurement procedures for goods, equipment or services to implement this section. These procedures shall provide for the assembly, maintenance and posting of an official City vendor list as referenced above. (d) Penalty. The Ethics Commission created pursuant to Miami-Dade County Ordinance 97-105, shall have primary jurisdiction for enforcement of this section. A finding by the Ethics Commission that a person violated this section, shall subject such person to an admonition or public reprimand and/or a fine of $250.00 for the first violation, and $500.00 for each subsequent violation. (e) Applicability. This section shall be applied only prospectively to campaign contributions which are made after the date of this section. (Ord. No. 2005-14, § 3, 10-11-05) THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK GOVERNING LAW, this Agreement shall be construed in accordance with the laws of the State of Florida with venue lying in Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the date above: ,0�A�r (4%qi:_ G CITY OF AVENTURA V= ) BY: _ 4101 ", , ------- OPP � °i "`L` usan G- City Manager ATTEST: Cs ,./ItA/livielv, 1--------- Ellisa L. Horvath, City Clerk APPROVED S TO LEGL FORE ic____ivi City Attorney CONTRACTOR BY. Colo •' nez •nez Tennis Training EXHIBIT "I" CITY OF AVENTURA REQUEST FOR PROPOSAL 18-02-13-2 ■ 01mmalm M goo= 14 91Muni m Fmk �J PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES SUBMITTAL DATE: Tuesday, February 13, 2018 at 2:00 P.M. LAST DATE TO SUBMIT QUESTIONS: Monday, February 5, 2018 ISSUING DATE: Wednesday, January 10, 2018 TABLE OF CONTENTS CONTENTS: PAGE # FORMAL REQUEST FOR PROPOSAL....................................................................4 GENERAL INFORMATION .......................................................................................5 A. SCOPE OF SERVICES ...........................................................................5 B. PROPOSAL DUE DATES........................................................................5 C. ACRONYMS/DEFINITIONS ....................................................................6 REQUEST FOR PROPOSAL....................................................................................8 INTENT .................................................................................................................8 AGREEMENT...........................................................................................8 BACKGROUND.........................................................................................................8 SERVICESSOUGHT................................................................................................9 PERFORMANCE, OPERATIONS AND PERSONNEL STANDARDS ....................10 CONTENT OF PROPOSAL ....................................................................................11 EVALUATION OF PROPOSALS.............................................................................12 CITY'S RIGHTS ......................................................................................................13 INSURANCE REQUIREMENTS .............................................................................13 GENERAL REQUIREMENTS .................................................................................16 NONCONFORMANCE TO CONTRACT CONDITIONS.......................................... 18 ASSIGNMENT ........................................................................................................18 AWARD OF PROPOSAL ........................................................................................18 IDENTICAL (TIE PROPOSALS).............................................................................. 18 PREFERENCE TO LOCAL BUSINESSES ............................................................. 18 2 HOLDHARMLESS.................................................................................................. 18 CANCELLATION..................................................................................................... 19 DISPUTES ..............................................................................................................19 ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING ...................19 DEFAULT PROVISIONS.........................................................................................19 SECONDARY/OTHER VENDORS .........................................................................20 CONE OF SILENCE PROVISION...........................................................................20 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS........................................21 PUBLIC ENTITY CRIME/DISQUALIFICATION.......................................................24 CONFLICTS OF INTEREST ...................................................................................25 PUBLIC RECORDS LAW........................................................................................25 SCRUTINIZED COMPANIES..................................................................................26 OTHER GOVERNMENTAL AGENCIES .................................................................26 PROTEST PROCEDURES .....................................................................................27 RESPONDENT'S CERTIFICATION........................................................................28 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTUES, ON PUBLIC ENTITY CRIMES....................................30 BUSINESS ENTITY AFFIDAVIT .............................................................................32 "NO BID OR PROPOSAL" RESPONSE..................................................................34 REFERENCES........................................................................................................35 SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135, FLORIDA STATUES ...............................................................................................37 W-9 ...............................................................................................................38 3 REQUEST FOR PROPOSAL RFP # 18-02-13-2 CITY OF AVENTURA PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES The City of Aventura is requesting proposals from qualified firms to provide tennis programs, activities, events, and tennis court management and maintenance services for the City of Aventura. Such proposals, which will be received at the address below, until 2:00 P.M. (EST), Tuesday, February 13, 2018 RFP# 18-02-13-2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on Tuesday, February 13, 2018 and clearly marked on the outside" RFP # 18-02-13-2 PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES". Late submittals will not be accepted. Interested parties may obtain the Request for Proposal (RFP) package from www.demandstar.com or www.cityofaventura.com/finance/bids.shtml, on or after Wednesday, January 10, 2018. The RFP package contains detailed information about the Statement of Work, Proposal submission requirements and selection procedure resulting from this RFP. Any or all questions should be directed in writing to Indra Sarju, Purchasing Agent at sariui(o)cityofaventura.com (305) 466-8925 by Monday, February 5, 2018. Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given that a "Cone of Silence" is imposed concerning this City's competitive purchasing process, which generally prohibits communications concerning the RFP from the time of advertisement of the RFP until the beginning of the City Commission meeting at which the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. See the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the "Cone of Silence". Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors are prohibited from in any way providing campaign contributions to City Commission candidates. See the applicable "Campaign Finance Restrictions on Vendors," provisions in the RFP package. The City reserves the right to request clarification of information submitted and to request additional information. The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities and to request re-proposals on the required materials or services. san L. Grant City Manager 4 GENERAL INFORMATION A. SCOPE OF SERVICES Provide the City with a Professional Tennis Program Management and Court Maintenance Service. B. PROPOSAL DUE DATES Complete proposals are due on Tuesday, February 13, 2018 at 2:00 P.M. Proposals must be received in the Office of the City Manager by the date and time indicated, with opening immediately following at the City of Aventura, 19200 West County Club Drive, Aventura, FL 33180. Proposals should be addressed or delivered to: RFP # 18-02-13-2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Questions Concerning this RFP must be received by Monday, February 5, 2018 and directed to: Ms. Indra Sarju, Purchasing Agent City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Phone: (305) 466-8925 Email: sariui(a�cityofaventura.com In order to facilitate review of the proposals, each proposer must submit an original with one (1) CD that contain a single PDF file that contains your entire response in the order as presented in the Proposer document, including any attachments plus four (4) additional copies of the RFP response on or before the submission deadline indicated herein. THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE STATED DATE AND TIME OF: TUESDAY, FEBRUARY 13, 2018 AT 2:00 P.M. 5 IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE DATE AND TIME STATED IN THE SOLICITATION TIMETABLE IN THIS REQUEST FOR PROPOSAL WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. ELECTRONIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED. Hand-carried Proposals may be delivered to the above address during the City's regular business hours, Monday through Friday, excluding holidays observed by the City, but not beyond the Due Date and Time. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required information appears on the outer wrapper or envelope used by such service. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship in the name of the Proposer. The submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the Proposer to perform the required services, and/or provide the required goods, at the price stated by the Proposer. C. ACRONYMS/DEFINITIONS For the purposes of this Request for Proposal (RFP), the following acronyms/definitions will be used: Contract: Shall refer to the Contract that may result from this RFP. Contractor: The organ ization(s)/individual(s) that is awarded and has an approved contract with the City for the services identified in this RFP. City/Owner: City of Aventura or designated representative when appropriate. Commission: The term Commission as used throughout this document will mean the City Commission of City of Aventura, Florida. Competitive Solicitation: Means an invitation to bid, a request for proposal, or an invitation to negotiate. Evaluation Committee: An independent committee comprised solely of City representatives established to review proposals submitted in response to the RFP, score the proposals and recommend a Proponent(s). FSS: Florida State Statutes. May: Indicates something that is not mandatory but permissible. 6 Offeror: Shall refer to any offerer(s) submitting an Offer in response to this RFP. Proposal: Shall refer to any offer(s) submitted in response to this RFP. Proposal Due Date & Time: Shall refer to the due date and time listed in this Solicitation. Proponent: Organization/individual submitting a bid/proposal in response to this RFP. Proposer: Shall refer to anyone submitting a Proposal in response to the RFP. Provider or Successful Proposer: Shall refer to the Proposer receiving an award as a Result of this RFP. RFP: Request for Proposal Request for Proposal, RFP, RFQ or Solicitation: Shall mean this Request for Proposal including all Exhibits and Attachments as approved by the City and amendments or change orders issued by the City. Responsible Vendor: A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. Responsive Bid/Proposal: A bid or proposal or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. Shall/Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement will, if material, result in the rejection of a proposal as non-responsive. Should: Indicates something that is recommended but not mandatory. If the Proponent fails to provide recommended information, the City may, at its sole option, ask the Proponent to provide the information or evaluate the proposal without the information. Failure after demand will result in rejection. Sub-Contractor & Sub-Consultant: Shall refer to any person, firm, entity, or organization, other than the employees of the Successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the Work or Services to the City, whether directly or indirectly, on behalf of the Successful Proposer. Work, Services, Program, Project or Engagement: Shall refer to all maters and things that will be required to be done by the Successful Proposer in accordance with the Scope of Work and the Terms and Conditions of this Solicitation. 7 REQUEST FOR PROPOSAL SUBJECT: Professional Tennis Program Management and Court Maintenance Services OPENING DATE & TIME: Tuesday, February 13, 2018 @ 2:00 P.M. SUBMIT TO: RFP # 18-02-13-2 Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RFP NUMBER: 18-02-13-2 INTENT The City of Aventura, Florida is inviting the submission of proposals from qualified firms to provide management services for the tennis programs to include daily court upkeep and maintenance, operations, tennis instruction and other tennis program services for the City of Aventura. AGREEMENT The City will enter into a contract with the successful proposer for three (3) years with an option to extend the contract for one (1) additional three-year period at the same terms, conditions and prices upon mutual agreement of both parties, and subject to the approval of the City Manager. The Proposer agrees to this condition by signing its proposal. If Proposer cannot renew at these same terms, conditions and prices, Proposer must notify the City on/or before 90 days of contract expiration. BACKGROUND The City of Aventura has a diverse population of over 37,000, and desires to engage the services of a qualified firm to provide comprehensive youth sports management services as needed. The City of Aventura is located in the northeast corner of Miami- Dade County and is approximately 3.2 square miles in size. The City delivers a majority of its public and community services by utilizing firms employing sound business practices with an emphasis on excellence and effective customer service principles. The City operates the following parks and community facilities: 1. Founders Park: 11 acre multi-use facility that contains an athletic field, two clay tennis courts, one hard surface tennis court, fitness course, park building with restrooms, SplashPad interactive water feature playground, playground, shelters, and parking for 85 cars. 8 2. Waterways Park: 7 acre multi-use facility that contains a lighted athletic field, playground, covered pavilion, outdoor basketball court, exercise path with fitness course, park office building, and parking for 85 cars. 3. Veterans Park: 2 acre facility with playground and open field play areas and parking for 23 cars. 4. Waterways Dog Park: 1.5 acre leash free park for dogs and parking for 20 cars. 5. Peace Park: 1.5 acre facility with a playground, open play field, a jogging path and adult exercise equipment that is operated 24 hours per day. 6. Don Soffer Exercise Fitness Trail: 2.9 mile paved exercise trail with benches, chilled water fountains, trash cans, and ground lighting. 7. Aventura Community/Recreation Center: This membership based 25,000 square foot facility has two multi-purpose classrooms, computer center, arts and crafts room, NCAA gymnasium, aerobics room, and fitness center in a park setting on the Intracoastal Waterway. 8. Aventura City of Excellence School: This K-8 School is located adjacent to the Community Recreation Center, and where summer camp is and after school programming takes place. SERVICES SOUGHT The purpose of this request for proposal is to establish the most effective and efficient methods of providing youth sports for the City residents. The City utilizes an automated registration system where residents register for programs in person or via the City's website. The proposal shall include the following information at a minimum. 1. Qualifications of firm and principals, including but not limited to: firm's history; number of years in business; quantity of programs, events, activities, and programs coordinated; experience of principals in similar settings; safety record; local availability of key personnel; and has demonstrated the ability to cooperate with local leisure services agencies. 2. Evidence of all licenses and permits required for the creation of the Professional Tennis Program Management and Court Maintenance Services. 3. A plan to coordinate, implement and evaluate tennis operations, tennis instruction, events, and other tennis program services for the City of Aventura in conformance 9 with all applicable laws and regulations. Proposers shall provide a complete plan detailing lessons, programs, instructions and any other services. 4. A daily maintenance plan to coordinate, implement and evaluate the tennis court upkeep and maintenance. The Contractor is solely responsible to supervise and complete all daily maintenance. The Contractor shall submit weekly reports of maintenance completed including dates accomplished and a monthly summary of all maintenance completed with the monthly invoices. Daily court maintenance shall include but is not limited to the following; court irrigation, clay court sweeping, ensuring lines are level, fixing the low spots on the clay courts, removal of mildew and weeds on clay courts, and windscreen upkeep. The Contractor will notify the City of any unsafe conditions such as high lines and ensure the proper maintenance is completed before the courts are open to the public. The Contractor will advise the City of needs such as windscreens and nets, court supplies and clay court material. PERFORMANCE, OPERATIONS AND PERSONNEL STANDARDS ✓ The successful firm shall provide proof that all volunteers, instructors and employees (full time, part time, and temporary/seasonal) assigned to the City have undergone and cleared both criminal background screening through the City's Volunteer & Employee Criminal History System (VEHCS) and drug screening at the time of hire and during the term of the Agreement, at the Contractor's sole expense. ✓ The successful firm will be required to meet with any involved City Department upon award by the City Manager or his designee. The successful firm's account representative will be available to resolve any related issues that arise during the normal course of providing the requested services. The successful firm will be expected to coordinate and communicate effectively with designated City personnel. The frequency, nature, scope, and definition of the services desired by the City may change from time to time, at the City's sole discretion. ✓ Tobacco use of any kind is not permitted while on duty or at all City programs and premises. ✓ All financial transactions will be subject to City procedures and audit. ✓ All marketing will be subject to City procedures and approval. ✓ All staff shall be fluent in English or be bi-lingual with English as one of the spoken languages. ✓ All staff shall have current CPR and Basic First Aid Training certification. 10 ✓ All staff shall be groomed to present a professional image for the City and wear approved uniforms. ✓ The successful proposer shall have at least one management level employee at each site while programs are being held, and supply enough personnel at all times to provide sufficient supervision, at the City's sole discretion. ✓ The successful proposer shall provide services solely as an independent contractor. ✓ All staff shall be prompt and dressed in proper uniforms when reporting to duty. Uniforms for participants, coaches, and staff shall be provided by the successful firm at their sole expense with City approval, at its sole discretion. ✓ All programs shall be managed, led and operated in a safe, competent and courteous manner. ✓ The successful firm will be responsible for providing food and snack concessions to selected programs and events, subject to the City's approval. The proposal shall include the following information at a minimum. 5. Qualifications of firm and principals, including but not limited to: firm's history; number of years in business; local availability of key personnel; demonstrated ability to cooperate with local municipal agencies; comply with all applicable laws and regulations. 6. Provide all necessary licenses and permits relating to performing all services requested by the City. 7. The successful firm will be required to meet with any involved City department upon request by the City Manager or his designee. The successful firm's project manager will be available to resolve any related issues that arise during the normal course of providing the requested services. The successful firm will be expected to coordinate and communicate effectively with designated City personnel. The frequency, nature, scope, and definition of the services desired by the City may change from time to time, at the City's sole discretion. CONTENT OF PROPOSAL Please submit the following information, with responses numbered accordingly, on 8.5" x 11" sheets: 1 . Name, address, telephone, fax number and email address of your firm. 11 2. Type of organization (i.e., individual, partnership, corporation, joint venture, etc.), year established, and address of home office if different than above. 3. Principals of the firm. 4. Name and title of person who will be responsible for City account. 5. Name, function, and qualifications of personnel in the organization who will be involved in this project. Please note, to receive further consideration, the contact person or project manager assigned to this project must, within the past five (5) years, have conducted or been solely responsible for providing recreation program management services. 6. Compensation: Provide the following information: a) Requested percentage of the revenues derived from registration fees for all programs and activities. For example: 50/50 split of revenue between contractor and City. b) The cost basis for providing qualified personnel on an hourly basis. For example: a multiplier of 1 .10% times the employee's hourly salary for computing salary costs. c) Daily Maintenance of the tennis courts. d) Any other innovative examples of compensation methods. 7. General, workers' compensation, automobile and professional liability insurance company name, and extent of coverage. 8. Dress and/or Grooming Code for employees 9. A complete list of present clients and at least three (3) letters of recommendation. 10. Any other information you feel is appropriate to assist in the selection process. 11 . Respondents must submit five (5) copies of the proposal EVALUATION OF PROPOSALS 1 . A Review Committee consisting of the Community Services Director, Parks and Recreation Manager and Parks and Recreation Supervisors will evaluate the written proposals. Evaluation will include the following criteria: ✓ Qualification and experience of personnel who will be directly involved in all elements of the work: (20 points). 12 ✓ Firm size, age, and organizational structure: (10 points). ✓ Financial stability of firm: (10 points) ✓ Firm's experience with recreation management services that is similar to the requests of this RFP: (20 points). ✓ Innovative and creative approaches, ideas and concepts to providing recreational services as evidenced by the submittal: (20 points). ✓ Proven ability of firm to effectively manage tennis programs and court maintenance services to ensure successful programs as directed by the City: (20 points). 2. The highest ranked proposals will be identified and those firms will be requested to make a formal presentation before the selection committee. The selected firms will then be ranked according to the content of their presentations. The City Manager will then recommend that the City Commission adopt a resolution authorizing the City Manager to negotiate an agreement with the highest-ranking firm to provide Professional Tennis Program and Court Maintenance Services for the City; and if an agreement cannot be reached with the top ranked firm to negotiate with the next highest ranking firm. CITY'S RIGHTS The City reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re-proposals on the required materials or services. The City Commission shall make a final determination and award of proposal(s). All materials submitted in response to the RFP become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any response to the RFP, whether amended or not, and selection or rejection of the Proposal does not affect this right, provided however, that any submittal that has been submitted to the City Manager's Office may be withdrawn prior to submittal opening time stated herein, upon proper identification and signature releasing submittal documents back to the proposing firm. INSURANCE REQUIREMENTS Such policy or policies shall be without any deductible amount unless otherwise noted in this Agreement and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Miami-Dade County, Florida. The vendor shall pay all deductible amounts, if any. The vendor shall specifically protect the City and by naming the "City of Aventura" as additional insureds under the Commercial Liability Policy as well as on any Excess 13 Liability Policy coverage. The official title of the certificate holder is the "City of Aventura." This official title shall be used in all insurance documentation. The Contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense, the following insurance policies: 1. A business automobile policy (including automobile liability, garage keepers, and garage liability) which covers any vehicles used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily/property damage liability shall be One Million Dollars ($1,000,000) per occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles, if applicable. Hired and Non-Owned Vehicles, if applicable. Employers' Non-Ownership, if applicable. 2. A Comprehensive general liability policy shall be provided which shall contain minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations and independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 3. A workers' compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy(ies) must include: 14 Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000) each accident. The contractor acknowledges that the City will not be held responsible for Workers' Compensation or medical care for any/all of the contractor's employees. 4. A crime policy or fidelity bond covering, among other things: theft, employee dishonesty, or embezzlement. The policy or bond shall have minimum limits of Five Hundred Thousand Dollars ($500,000) per occurrence. The City of Aventura shall be named as additional insured on policies listed as 1-4 of the contractor's above required policies of insurance except for the Workers' Compensation insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits, judgments, executions, and/or liabilities as to bodily injuries and/or property damages which arise or grow out of this contract or contractors performance or operations hereunder. Notwithstanding any other provisions of this solicitation, it is hereby provided that to the extent that Sec. 725.08, F.S., is applicable, the selected contractor/ vendor shall indemnify and hold harmless the City and City's officers and employees solely to the fullest extent authorized by Sec. 725.08(1), F.S., which shall be deemed to be incorporated herein. The contractor shall, in its contract with the City, be required to indemnify and hold harmless the City and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating to or resulting from the provision of professional services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City and its officers, employees, agents or instrumentalities as herein provided. Copies of all policies or certificates of such insurance shall be delivered to the City, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. 15 The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of the vendor is completed. All policies must be endorsed to provide the City with at least thirty (30) days' notice of expiration, cancellation, and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. The City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If the vendor uses a subcontractor, then the vendor shall ensure that subcontractor names the City as an additional insured. GENERAL REQUIREMENTS A. Proposers must have been in business for a period of no less than five (5) years. In the event of a joint venture, at least one (1) of the entities must have been in business for a period of no less than five (5) years. B. The original proposal with CDs and four (4) additional copies of the RFP response must be furnished on or before the submission deadline indicated herein. C. Costs of preparation of a response to this RFP are solely those of the Proposer's. The City of Aventura assumes no responsibility for any such costs incurred by the Proposer's. D. Proposing team members responding to this RFP must be present at the presentation to the Selection Committee. The Committee will conduct no phone interviews. E. The contents of the written proposal of the successful firm will become part of the contractual obligations. F. Proposers shall respond to each item in the Content Proposal Section. G. Proposals shall be typed or printed. All corrections made by the Proposer prior to the initial screening must be initialed and dated by the Proposer. No changes or corrections will be allowed after the initial screening of proposals has commenced. 16 H. The City of Aventura reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, serves the best interest of The City of Aventura. I. Any person submitting a proposal in response to this invitation must execute Form PUR.7068. SWORN STATEMENT UNDER SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s) in the space provided, and enclosed said form with the proposal (See attached for blank form). J. The City reserves the right to issue modifications or addenda to more fully meet the needs of the City. K. By submitting a proposal, the Proposer certifies that he or she has fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed. L. The City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the procedure. M. All firms submitting a proposal shall document the date and time they visited the project site. N. All proposals submitted shall be binding for one hundred twenty (120) calendar days following opening. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. O. In accordance with Chapter 119 Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that Request for Proposals or Request for Qualifications and the responses are public record. All proposals received in response to this Request for Proposal or Request for Qualifications will become the property of the City of Aventura and will not be returned to the Proposers. In the event of contract award, all documentation produced as part of the contract will become the property of the City. P. In the event that the Contractor shall fail to complete any Work as set forth in the contract Documents, the Contractor shall have twenty-four (24) hours to bring said work up the standard set forth. If the Contractor fails to accomplish this, the City may complete the work itself or by hiring another contractor. The cost of completing said work will be deducted from the Contractor's monthly bill. 17 NONCONFORMANCE TO CONTRACT CONDITIONS Services offered must be in compliance with RFQ/RFP conditions and specifications and any resulting agreement at all times. Services not conforming to RFQ/RFP conditions, specifications or time frames may be terminated at proposer(s) expense and acquired on the open market. Any increase in cost may be charged against the proposer. ASSIGNMENT The contractor shall not transfer or assign the performance required by this proposal without the City's prior written consent. Any award issued pursuant to this proposal invitation and monies which may be payable by the City, are not assignable except with the City's prior written approval. AWARD OF PROPOSAL The City reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request new proposals on the required materials or services. The City also reserves the right to award the contract on a split order basis, group by group or item by item, or such combination as will best serve the interests of the City unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of proposal (s) shall be made by the City Commission. IDENTICAL (TIE PROPOSALS) Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace and also City Ordinance #96-07; that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be just cause for rejection of the proposal as determined by the City, holding the City harmless for such rejection. PREFERENCE TO LOCAL BUSINESSES Pursuant to Section 1(G), of Ordinance No. 96-07, "businesses located within the (corporate limits) of the City shall receive a preference bonus of 10% or 10 points during the tabulation of bid proposals." HOLD HARMLESS All proposers shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees from their decisions to reject, award or not award a proposal, as applicable. 18 CANCELLATION Failure on the part of the vendor to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the vendor holding the City harmless. DISPUTES If any dispute concerning a question of fact arises under this contract, other than termination for default or convenience, the dispute will be handled in accordance with Section 2-259 of the City Code. ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for the opening of the proposals will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if desired, will be mailed or sent by available means to all known prospective proposers not later than the established proposal opening date. Each prospective proposer shall acknowledge receipt of such addenda by including it in the proposal form. In case any proposer fails to include such addenda or addendum, his proposal will nevertheless be considered as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgement of the receipt of same. All addenda are a part of the contract documents and each proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each prospective proposer to verify that he has received all addenda issued before proposals are opened. Any questions regarding the specifications may be directed to the Finance Department, Indra Sarju, Purchasing Agent, located at 19200 W. Country Club Drive, Aventura, FL 33180, (305) 466-8925 or email to sariui(@cityofaventura.com. Under no circumstances will the City accept facsimile or electronic transmissions in lieu of a sealed proposal. Any proposals received in the above manner will be deemed unresponsive and a "no proposal" will be entered for the proposer. No verbal or written information which is obtained other than by information in this RFP or by Addenda to this RFP shall be binding on the CITY. DEFAULT PROVISIONS In case of default by the proposer or contractor, the City may cancel the service agreements, procure the articles or services from other sources and hold the proposer or contractor responsible for any excess costs occasioned or incurred thereby. 19 SECONDARY/OTHER VENDORS The City reserves the right in the event the primary proposer cannot provide an item(s) or Service(s) in a timely manner as requested, to contact the second best proposer of this RFP to perform said service. If the secondary contractor is unavailable, the City reserves the right to seek and obtain other sources without thereby violating the intent of the contract. CONE OF SILENCE PROVISION A. Notwithstanding any other provision of these specifications, the provisions of City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction. The "Cone of Silence," as used herein, means a prohibition on any communication regarding a particular Request For Proposal ("RFP"), Request for Qualification ("RFQ") or bid, between: a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and the City Commission, City's professional staff including, but not limited to, the City Manager and his or her staff, any member of the City's selection or evaluation committee. B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. C. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation. D. The Cone of Silence shall not apply to: (1) oral communications at pre-bid conferences; (2) oral presentations before selection or evaluation committees; (3) public presentations made to the City Commissioners during any duly noticed public meeting; (4) communications in writing at any time with any City employee, unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the 20 City Clerk. The City Clerk shall make copies available to any person upon request; (5) communications regarding a particular RFP, RFQ or bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City's Purchasing Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; (6) communications with the City Attorney and his or her staff; (7) duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation; (8) any emergency procurement of goods or services pursuant to City Code; (9) responses to the City's request for clarification or additional information; (10) contract negotiations during any duly noticed public meeting; (11) communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting. E. Please contact the City Attorney for any questions concerning Cone of Silence compliance. F. Violation of the Cone of Silence by a particular bidder or proposer shall render any RFP award, RFQ award or bid award to said bidder or proposer voidable by the City Commission and/or City Manager. CAMPAIGN FINANCE RESTRICTIONS ON VENDORS A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are prohibited from in any way providing campaign contributions to City Commission candidates. B. City Code Sec. 2-420. Prohibited campaign contributions by vendors. (a) General, prohibition, disqualification, definitions. 21 (1) a. No vendor shall give, solicit for, deliver or provide a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the Offices of Mayor or Commissioner. Commencing on the effective date of this article, all proposed City contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), invitations to submit qualifications (ISQ) or solicitations of bids issued by the City, shall incorporated notice of this section so as to notify potential vendors of the proscription embodied herein. b. No candidate or campaign committee of a candidate for the Offices of Mayor or Commissioner, shall deposit into such candidate's campaign account any campaign contribution which is received directly or indirectly from a vendor or which such candidate or campaign committee knows or should know was solicited by or for a vendor or delivered or provided for a vendor. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming through examination of the official vendor list which is posted on the City of Aventura website to verify the vendor status of any potential contributor. A candidate or the campaign committee of a candidate shall not be in violation of this subsection if the vendor ways' not listed as a vendor in the City website at the time that the contribution was received or deposited so long as the candidate or the campaign committee of a candidate did not know that the person or entity was a vendor of the City. (2) Each prohibited act of giving, soliciting for, delivering or providing a campaign contribution or depositing a campaign contribution in violation of this section shall constitute a separate violation. All contributions deposited into a candidate's campaign account in violation of this section shall be forfeited to the City's general revenue fund. (3) a. A person or entity, other than a then existing vendor, who directly or indirectly makes a campaign contribution to a candidate who is elected to the office of Mayor or Commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the City. A then existing vendor who directly or indirectly makes a contribution to a candidate who is elected to the Office of Mayor or Commissioner, shall be disqualified from serving as a vendor with the City for a period of 12 months from a final finding of a violation of this section, or from the time of action on a waiver request by the City Commission pursuant to subsection (b) below, in the event that a waiver is sought by the vendor. In the event that such waiver request for a particular transaction is granted, the affected vendor shall nonetheless be disqualified from serving as a vendor with the City as to any other goods, equipment or services to be provided by the vendor to the City, beyond the vendor goods, equipment or services which are the subject matter of any waiver which is granted. In the event such waiver request is denied for a particular transaction the 12-month disqualification period shall continue to apply to both the particular transaction for which the waiver 22 was sought, as well as all other vendor activities for the provision of goods, equipment or services to the City during that 12-month period. b. For purposes of this section, the term "disqualified" shall be defined to include: 1. Termination of a contributor/vendor's existing contracts with the City, subject to the applicable waiver provisions of subsection (b) herein; and 2. Disqualification of a contributor's response to solicitation requests for prospective vendor contracts with the City, subject to the applicable waiver of subsection (b) herein. (4) As used in this section: a. Vendor. 1. A "vendor" is a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid to provide to the City goods, equipment or services, or has been approved by the City of a present or pending award to provide to the City goods, equipment or services, prior to, upon or following execution of a contract, or purchase order. 2. "Vendor" shall include natural persons and/or entities that hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term "firm" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. "Vendor" shall not include City officers or employees. 4. For purposes of this section, "vendor" status shall terminate upon completion of performance of the agreement for the provision of goods, equipment or service. b. Services. For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or otherwise, of labor, professional and/or consulting services to the City, including, but not limited to, the provision of lobbying services to the City. C. Campaign contributions. The term "campaign contribution" shall have the meaning which is ascribed to the term "contributions" pursuant to F.S. § 106.011, as amended. (b) Waiver of prohibition. (1) Criteria for waiver. The requirements of this section may be waived by the affirmative vote of five members of the City Commission for a particular transaction after a public hearing, upon finding that: a. The goods, equipment or services to be involved in the proposed transaction are unique and the City cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or b. The business entity involved in the proposed transaction is the sole source of supply as determined by the City Manager in accordance with procedures established by the City Manager; or 23 c. An emergency contract (as authorized by subsection 2-253(5) of this Code) must be made in order to protect the health, safety or welfare of the citizens of the City; or d. A contract for the provision of goods, equipment or services exists which, if terminated by the City would be substantially adverse to the best economic interests of the City. (2) Limited waiver. Notwithstanding the denial of the City Commission of a waiver request regarding the provision of goods, equipment or services under an existing contract pursuant to subsection (b)a. above, the City Commission, may by the affirmative vote of five members of the City Commission after a public hearing, grant a limited waiver concerning an existing contract for the provision of goods, equipment or services between a vendor and the City upon finding that in order to protect the health, safety and welfare of the citizens of the City, it is necessary that the affected contract be continued for a limited duration (not to exceed a period of six months) in order for the City to obtain a replacement vendor. (3) Full disclosure. Any grant of a waiver or limited waiver by the City Commission must first be supported with a full disclosure of the subject campaign contribution. (c) Implementation. The City Manager is authorized to adopt additional procurement procedures for goods, equipment or services to implement this section. These procedures shall provide for the assembly, maintenance and posting of an official City vendor list as referenced above. (d) Penalty. The Ethics Commission created pursuant to Miami-Dade County Ordinance 97-105, shall have primary jurisdiction for enforcement of this section. A finding by the Ethics Commission that a person violated this section, shall subject such person to an admonition or public reprimand and/or a fine of $250.00 for the first violation, and $500.00 for each subsequent violation. (e) Applicability. This section shall be applied only prospectively to campaign contributions which are made after the date of this section. (Ord. No. 2005-14, § 3, 10-11-05) PUBLIC ENTITY CRIME/DISQUALIFICATION Pursuant to Section 287.133(3)(a), Florida Statute all proposers are advised as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact 24 business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." CONFLICTS OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Aventura or its agencies. PUBLIC RECORDS LAW PUBLIC RECORDS a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall 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 Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records, CONTRACTOR shall 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY. d. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. e. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. 25 f. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119.0701(2)(x), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: City Clerk's Office Mailing address: 19200 West County Club Drive Aventura, FL 33180 Telephone number: 305-466-8901 Email: horvathe(c�cityofaventura.com SCRUTINIZED COMPANIES Pursuant to Section 287.135, Florida Statutes, a Proposer is ineligible to, and may not submit a Proposal for, or enter into or renew a contract with the City for goods or services of $1 million or more if at the time of submitting a Proposal for a new contract or renewal of an existing contract, the Proposer: 1 . 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; 2. Is 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 3. Is engaged in business operations in Cuba or Syria OTHER GOVERNMENTAL AGENCIES: 1. All Proposal awarded contracts for this bid may, upon mutual agreement with other agencies, permit any school district/board, municipality or other governmental agency to participate in the contract under the same price terms and conditions, if agreed to by both parties. 2. Further to paragraph 1, it is understood that each school district/board, municipality or agency will issue its own Purchase Order to the awarded bidder(s). 26 3. It is understood and agreed that the City is not in any way a legal party to any contractual agreement made between any other government unit or educational organization and the Awarded Bidder(s) as a result of this Proposal. PROTEST PROCEDURES: Bid protest procedures are governed by the City of Aventura Code, Section 2-259. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 27 RESPONDENT'S CERTIFICATION RFP # 18-02-13-2 PROVIDE PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES I have carefully examined the Request for Proposal. I hereby propose to furnish the services specified in the Request for Proposal. I agree that my submittal will remain firm for a period of at least 120 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of Aventura or any other respondent is interested in said submittal; and that the undersigned executed this Respondent's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Addendum # Dated Addendum # Dated Addendum # Dated NAME OF BUSINESS SIGNATURE NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS CITY, STATE, ZIP CODE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS 28 STATE OF ) ) SS COUNTY OF ) The foregoing instrument was sworn to and subscribed before me this day of 20 by who is personally known to me or produced as identification. NOTARY PUBLIC, State of Print Name: Commission No.: Commission Expires: THE REST OF THIS PAGE IS INTENTIONALY LEFT BLANK 29 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the CITY OF AVENTURA, FLORIDA By: (print individual's name and title) For: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a ""public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers' directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United 30 States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day 20 Personally known OR Name of Notary Produced identification Notary Public— State of 31 BUSINESS ENTITY AFFIDAVIT (VENDOR/BIDDER DISCLOSURE) I, being first duly sworn State: The full legal name and business address of the person(s) or entity contracting or transacting business with the City of Aventura ("City") are (Post Office addresses are not acceptable), as follows: Federal Employer Identification Number(If none, Social Security Number) Name of Entity, Individual, Partners or Corporation Street Address Suite City State Zip Code OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows: Full Legal Name Address Ownership 32 The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows: Signature of Affiant Date Print Name Sworn to and subscribed before me this day of 20 Personally known OR Notary Public Produced identification Notary Public — State of My Commission expires: Type of identification Printed, typed or stamped commissioned 33 CITY OF AVENTURA "NO BID or PROPOSAL" RESPONSE If your firm is unable to submit a bid, please complete and return this form prior to date shown for receipt of proposal, and return to: CITY OF AVENTURA We have declined to propose on RFP # 18-02-13-2, for the following reasons: We do not offer this service/product Our schedule would not permit us to perform Unable to meet specifications Unable to meet bond/insurance requirements Specifications unclear (please explain below) Other (please specify below) REMARKS Typed Name and Title Company Name Address Business Phone Fax Number 34 REFERENCES Proposer shall submit as a part of the proposal package, at least five (5) business references with Project Name/Title, Client Name with Address, Telephone & Fax Numbers, Project Location, Fee Charged, Source of Funds, and Performance Period that have utilized the services being proposed to the City. (*Indicates required information) Name: Contact Name: *Address: *Telephone No.: *Fax No.: Cell Phone No.: Email: Date of Contract: ------------------------------------------------------------------------------- Name: Contact Name: *Address: *Telephone No.: *Fax No.: Cell Phone No.: Email: Date of Contract: 35 REFERENCES continued Name: Contact Name: *Address: *Telephone No.: *Fax No.: Cell Phone No.: Email: Date of Contract: **************************************************************************************************** Name: Contact Name: *Address: *Telephone No.: *Fax No.: Cell Phone No.: Email: Date of Contract: **************************************************************************************************** Name: Contact Name: *Address: *Telephone No.: *Fax No.: Cell Phone No.: Email: Date of Contract: 36 SCRUTINIZED COMPANIES PURSUANT TO SECTION 287.135, FLORIDA STATUES The undersigned Proposer in accordance with Section 287.135, Florida Statutes, hereby certifies that: 1 . Proposer is not participating in a boycott of Israel; 2. Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; 3. Proposer does not have business operations in Cuba or Syria. Signature (Blue ink only) Print Name Title Date STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2018, by as (Name of person acknowledging) (Title) for (Company name) Personally known to me or has produced Identification type of identification produced (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PRINT, TYPE/STAMP NAME OF 37 W-9 38 Form Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to wwwJrs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to mfollowing seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ Individual sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate M single-member LLC Exempt payee code(if any) ai c CL v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► p Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting +• N LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is de(if any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that co IL S is disregarded from the owner should check the appropriate box for the tax classification of its owner. V ❑ Other(see instructions)► (Applies to accounts maintained outside the U.S.) d CLCO 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) U) 6 City,state,and ZIP code 7 List account number(s)here(optional) 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(SHowever,for a TU - resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M d LiMM Certification Under penalties of perjury,I certify that: 1.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 instructions.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 failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, 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,later. Sign Signature of Here U.S.person► Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.11-2017) 39 NVUNEZ EXHIBIT "2" NUNEZ TENNIS TRAINING 21399 Marina Cove Circ.,#M139 Aventura,FL 33180 Phone:305 682 9444 •E-Mail:coachnunez@tennistraining.com Web:www.tennistraining.com Date: February 12- ,2018 Indra Sarju RFP No.18-02-13-2 Operational Management &Court Purchasing Supervisor City of Aventura Maintenance Services for the City Aventura, 19200 West Country Drive Founders Park Tennis Center. Aventura,FL 33180 Dear Indra, As President of Nunez Tennis Training (referred to hereafter as "NTT'), I appreciate the opportunity to offer you our Proposal for the operation and management of the Aventura, Founders Park Tennis Facility (referred to hereafter as "Founders Park Tennis Center" or the "Center"). I have been engaged in the wonderful world of tennis for over 45 years. My career has been spent as a tennis facility operator, manager, coach, trainer and consultant to individuals of all ages and backgrounds who were looking for professional guidance in these areas. I feel blessed to have touched so many lives in a positive way. As an Aventura resident for the past 25 years,I look forward to having a positive impact in our community. My personal style is to demonstrate a positive attitude in my business and tennis activities. Whether I am coaching a top-ten professional player, or running a tournament for 8 years old girls, my goal is the same: to introduce a love for the game of tennis. The more you give to tennis, the more it gives to you. I believe my temperament, background and experiences leave me well-qualified and well-suited to operate the City Of Aventura Founders Park Tennis Center. My carrier began in 1970 as a Davis Cup player for the Ecuadorian National Team. Thereafter, I played many years on the professional ATP tour. I then enhanced my global experience in the 80's by coaching top-ten world ATP players at Hopman International Tennis Academy in Largo, Florida. Then in 1993, I moved to Aventura to manage the internationally acclaimed Turnberry Isles Resort Club Tennis Facility,where during the next 20 years,I assumed full responsibility of operations and management. Then I relocated my Academy to the NMB Tennis Center for 2 years, operating as a sub-tenant of the previous operator. Currently, I am running my tennis academy at the Aventura Waterways LA Fitness Tennis Courts for the last 3 years. I am proud of what we have accomplished. My extensive Tennis background gives me a perfect understanding of the Founders Park Tennis Center and makes me very confident to enhance the Center's quality of service and business performance. You will find my Proposal package clearly explaining all requested item in RFP No. 18-02-13-2. Page 2 Tnify Yoll ' Ti I-- Nunez N k 1'4FZ TE,NNIS'TI TN iNO Page 3 NUNEZ TENNIS TRAINING: SCOPE OF SERVICES PROPOSED Since 1993,NTT has a leading force in the tennis industry in the Aventura/North Miami Beach area. Our primary purpose has been to develop tennis players of all ages,abilities and backgrounds by helping them to achieve their potential as athletes and as people. For over 38 years,internationally renowned Coach Nunez has coached top players in the game, including French Open Champions,top ATP players,USTA National Champions,Top World Juniors Players,and NCAA Champions. Although thousands of players have come through our system,every player is unique and special to us and NTT strives to make each player part of the ever-growing Nunez family. NTT is proud of each and every player that has worked with us to make the most of their training and maximize their potential. NTT offers a wide scope of solutions to satisfy any tennis player's profile: • After School Program is aimed at local juniors who want to exercise,have fun and improve their tennis game during the week. Health professionals know getting kids to become physically active is critical and this program makes it fun and easy for students to live an active and healthy lifestyle.Every afternoon begins with a 30 minutes warm up consisting of coordination,footwork,and stretching exercises. Students are then placed into groups depending on skill level,where they play under the guidance of instructors. • Summer Camp is a great time for recreational players to get serious and train in a full time program over vacation.With a combination of one-on-one coaching and group training,players can learn all the fundamentals of tennis they need to take them through their tennis career.Whether they are recreational or competitive players our Summer Camp is built to help improve their game while having fun and making friends. Players from all over the world come every summer to NTT to experience world class tennis training in beautiful South Florida weather. • Adult training program is geared towards players that are serious about improving their game while having a great time. Coach Nunez and his staff improve weaknesses while teaching how to capitalize on strengths. Each day during the Adult Training program students learn how to: develop better stroke mechanics,improve footwork,use the right strategy against different opponents,play with more confidence, and win more matches. Page 4 OVERALL BUSINESS APPROACH / FINANCIAL PLAN I was fortunate to be among the coaches working in the Aventura area for the last 25 years and I am proud to have always been well appreciated by all of the members and residents. Of course, this experience enables me to identify areas in need of improvement. Our vision is to enhance the Founders Park Tennis Center into a facility where all Aventura's residents will feel appreciated and welcomed. Our goal is to share with our community the benefits of exercise through tennis and other physical activities. The Center can and should become an exciting and attractive sports facility where people enjoy top grade city services. Our Values are: • To stimulate competitive tennis at all levels • To welcome players of all backgrounds,abilities and ages. • To help everyone develop confidence through fitness and competition. • To promote health,camaraderie and fun amongst the residents. • To respect the environment. • To be accountable and transparent to the community of Aventura. We have combined our team's professional experience to build a realistic business plan taking into account the specificities of the facility,its residents and the City of Aventura requirements. Our business approach will be split into 4 distinct sub-sections in our Proposal: • MARKETING PLAN,NTT will discuss our plan to develop the turn over and enhance the awareness of the Founders Park Tennis Center • SPORT ACTIVITY,NTT will list programs and clinics to be provided to match community demand. • ADMINISTRATION PLAN,NTT will discuss the proposed administrative process. • FINANCIAL PROPOSAL,NTT will deal with the compensation to be paid to the City of Aventura Page 5 1) NUNEZ TENNIS TRAINING MARKETING PLAN • In order to improve community awareness,NTT will introduce the Aventura Tennis Center new and exciting Tennis programs.NTT and its team will be present and actively promoting all tennis facility related services at Founders' Day and other city events. • NTT will direct awareness efforts within all Aventura Schools.We will promote our After-School,Adult,weekend clinics,as well as out Summer Camp Programs. • NTT will look forward to a strong marketing partnership with the City of Aventura in order to build awareness on City related web pages and printed marketing material. • Special Events : NTT will organize every year"The City of Aventura Tennis Championships"in collaboration with the City of Aventura and all of the schools. Founders Park Tennis Center has the potential to host many tennis events,NTT will organize: - PRO-AM Charity events/ROUND ROBIN MIXERS /USTA Free Tennis Clinics, - Youth Tennis Festival Days/Grass Roots Multicultural programs /Wheel- Chair clinics - Exhibitions with ATP/WTA players -NTT will collaborate with the city of Aventura officials in any initiative of development of Outreach program. -NTT draws on its extensive relationships to invite on a regular basis former professional NTT and ATP players to participate in clinics and camps, demonstrate all aspects of the game,and share their expertise with the Aventura community. Some of the personalities that NTT has an ongoing personal relationship with are Andres Gomez (French Open Champion),Michael Chang ( French Open Champion),Nicolas Lapentti (top 10 ATP Player),Fernando Gonzales (Olympic gold medal winner),and Ivo Karlovich(top 30 ATP player). In addition,there are many other champions we can draw upon who would be willing to support NTT's Founders Park Tennis Center initiatives. Page s 2) NUNEZ TENNIS TRAINING : SPORTS ACTIVITY PLAN NTT will offer a range of services to provide the correct solution for every resident.The list below can be amended as needed based on resident and city feedback,with respect to city requirements. • Afterschool programs : NTT will offer afterschool programs for all juniors: • Schedule Monday—Friday starting 2:30 PM to 6:30 PM August to October • Schedule Monday—Friday from 2:30 PM—6:00 PM November to Mid-February (DLS) • Schedule Monday—Friday from 2:30 PM—6:30 PM Mid-February to June • Max 6 to 1 player/coach on court ratio • Stroke production,technique and strategy,Mental toughness training,on and off the court • Physical fitness program included/Competitive match play and strategy • Make up day (rainouts during the week) on Saturday from 10:00 AM— 12:00 PM • PACKAGE RATE: Little players: ages (4-7)45 minutes per class (2:30pm to 3:15pm and 3:15 to 4:00pm) Limited to 6 kids maximum per court Eight(8) classes per session: Starting at$160.00 (4 weeks)Monday to Thursday Young players: ages (8 -17) 2 hours per class (4:00pm to 6:00pm)DLS Limited to 4 Juniors maximum per court Eight(8) classes per session: Starting at$225.00 (4 weeks)Monday to Friday For the kids already enrolled in a program :Additional classes will be charged at a price of$35.00 For kids coming on daily basis Classes(no package):$50.00 per class NOTE: A one-time registration fee of$100.00 is required for all registrants! Prices subject to change at any time! Adult Clinics : ages (over 18 ) NTT will offer adult clinics for a maximum of 4 players and a minimum of 3 players. Daily,weekly Times Schedules will be flexible depending on the players' request. Tentative schedule: Monday—Wednesday-Friday from 8:00am to 9:20am Beginner Level Tentative schedule: Monday—Wednesday -Friday from 9:30am to 11:30am Intermediated/Advance For all Adult clinics : Daily and Times Schedule are subject to be adjusted upon demand(TBA) - • Stroke production,technique and strategy/Competitive match play and strategy • Mental toughness training,on and off the court/Physical fitness program included - Rates: $25.00/person(minimum of 4 players)/for Packages of 10 clinics : 10% discount $30.00/person(minimum of 3 players) Note :NTT will require one Har-Tru clay court all day to be reserved specially for private lessons and adult's clinics. Page 7 • Holiday Camps Camp Rates: Full-day Tennis Only $475.00/Half-day Tennis Only $275.00 (Prices subject to change depending on the tennis level) • Private lessons : A team of professional coaches certified USPTA or USPTR will be available for both residents and non-residents of all ages and skill levels. Rates: from$70.00 to $125.00/hour depending on the coach level Package of 10 lessons: 10% Discount Monday to Friday: 8:OOam—5:OOpm/Saturday-Sunday: 8:OOam- 12:30pm depending on tennis PRO availably upon requested . Personalized training/video tape evaluation(Optional) Note : NTT will require one Har-Tru clay court all day to be reserved specially for private lessons and clinics 3) NTT ADMINISTRATION PLAN • The Tennis Center will be open to the public seven days a week,Including Holidays - operational opening time: 8:OOam/closing time: 6:OOpm Monday to Friday - operational opening time: 8:OOam/closing time: 5:OOpm Saturday & Sunday • NTT will need an office space in the facility. • NTT will ensure the continuity of the maintenance of the full facility by ensuring the maintenance staff matches and exceeds the industry standard in a professional manner. • All surrounding areas will be kept clean,orderly and in safe conditions by the City of Aventura Staff. Page 8 • NTT COURT MAINTENANCE SERVICES: Har-Tru Clay Courts at the Center have a tendency to become very soft over time due to the high moisture content of the courts and as such,require maintenance to be pro-active: Our permanent daily court maintenance : workers will arrive at the facility by 6:30am for the first maintenance to have the clay courts ready to play by 8:OOam and at 12:30pm will start the mid-day maintenance to have the clay courts ready to play at 2:OOpm. This daily maintenance services will consist: - To groom the surface using a court rake to smooth out and level any accumulation of material. - To agitate the subsurface of irrigated courts on a regular basis to inhibit the growth of algae and fungus. - To also clean the tapes using a line broom. - To perform a"as needed"heavier maintenance which will include Agitating/Scarifying, Patching,Rolling,adding Top Dressing with attention paid to Har-Tru Material in order to replicate the sliding surface and playability of sprinkler irrigated clay courts. Our Long-Term Courts Maintenance : To Be Discuss with the city Officials - South Florida weather conditions of rain,extreme sunlight,wind and certainly,play over time will cause surface material to wash off the courts and to shift from the high side of the court to the low side of the court. Over time,the Tennis Center's Har-Tru Courts will loose their ideal surface depth of V and the slope of the court will begin to "flatten out". These changes will cause the court to shift under rolling,shift under play and drain poorly,resulting in less than optimum(possibly even dangerous) playing conditions. - Consequently,subsurface-irrigated Har-Tru Courts should receive a "laser-tapered" resurfacing every 4-6 years. - NTT has the expertise to be part of the vendors able to provide this service at a competitive rate. • Hard Court maintenance process: Court maintenance worker will: - Remove all foreign material weekly with a power blower. Page 9 While rain will keep the surface clean most of the time,we will rinse the courts weekly to insure a surface free of debris; High-Pressure cleaning has to be done in an average of every 6 month at a competitive rate. (regular washing can add as much as two years to the life of the court) City of Aventura will replace nets and windscreens as needed. 4) NUNEZ TENNIS TRAINING : FINANCIAL PROPOSAL The financial proposal you will find below is made under the following assumption: The current maintenance material and equipment budget provided by the city of Aventura will remain at least the same and could be revised according the upgrade required to meet the standards of professional tennis court maintenance. -The City of Aventura will retain 15% of all revenues generated by NTT at the founders Park Center -NTT will charge a monthly fee of$2,000.00 for the daily maintenance of the two (2) Har-Tru courts and one Hard court. Note:IfNTT is selected,NTT executives are open to discuss these and other terms with the Evaluation Committee. Page 10 NUNEZ TENNIS TRAINING: FIRM QUALIFICATION and EXPERIENCE • Since 1987,NTT has played a major role in the tennis industry. • Since 1987,more than 45.000 players have enjoyed NTT experience • Since 1987,NTT has managed a group of 10 coaches simultaneously. The qualification and experience of NTT can be seen through the profile and past activities of Colon Nunez himself over the last 39 years,as well as through his excellent reputation among the international professional tennis community. COLON NUREZ: Mr.Nunez,originally from Ecuador and a US Citizen,played on the ATP tour from 1970-1980. He played Davis Cup for Ecuador for seven consecutive years. At the conclusion of his ATP career,he served for six years as the Director and Head professional of the legendary Harry Hopman International Tennis Academy in Largo,Florida. During that time,he also helped to open the Harry Hopman International Academy in Bologna,Italy. Coach Nunez has trained and worked with well-known professional tennis players including six past Grand Slam Champions; Andres Gomez,Michael Chang,Jim Courier,Mary Pearce,Paul McNamee and Peter McNamara amongst others. He continues to work with current ATP/WTA touring professionals,collegiate tennis players and nationally ranked juniors. Over the years,he has been involved in the coaching and development of over forty thousand(40,000) children utilizing his time proven methods. For the past twenty-five years Colon has successfully owned and operated NUNEZ TENNIS TRAINING at the Turnberry Marina Yacht Club in Aventura,at the Arthur Snyder Tennis Center and currently at the Aventura Waterways LA Fitness Tennis Courts.With nearly forty years of professional experience,has provided quality tennis instruction,training and services with his team of certified teaching professionals. His responsibilities in this role included: membership services,facility management,operation of the tennis pro shop,overseeing the maintenance as well as the marketing for programs which are ongoing annually. A World-Class Coach,his teaching methods and staff development programming have enabled him to create a team of certified USPTA or USPTA teaching professionals with the ability to generate positive teaching,coaching and playing experiences for all level of players. President and Director of Nunez Tennis Training,with over 35 years of managerial experience in Tennis Clubs,has coached many top ten players and in particular two of them that won Roland Garros,Andres Gomez and Michael Chang,has several Jrs. and Colleague National and International Champions over his 39 years of coaching. Page 11 DANIEL ENCINAS: ATP player and Co-Director of the High-Performance Program at NTT, Daniel has been part of the Chilean South-American Team along with good friends Nicolas Massu and Fernando Gonzalez. He was a Chilean National Champion as a junior in both singles and doubles (16's, 18's). During his short career in the pro circuit he always showed sportsmanship and dedication to the sport.Now Daniel is a well-known High-Performance coach in South-America and in Florida. Daniel is a USPTR member and is one of the key coaches of Nunez Tennis Training. ERIC NUNEZ: ATP player and Director of the High-Performance Program at NTT,Eric has been part of the US Jr. Davis Cup Team along with good friend,Andy Roddick. He was a USTA National Champion as a junior in both singles and doubles (16's, 18's). He was the top recruited player in the country for college in the year 2000 before turning pro and playing on the ATP World Tour for 10 years. He achieved a ranking within the top 180 in the world,winning challenger and future events and recording wins over players like Kevin Anderson(#30),Yen- Hsun Lu (#33),and Ricardo Mello (#50).Eric is currently a National coach for the USTA campus in Lake Nona,FL. ANDRES GOEZ: A Grand Slam champion will be the visiting touring pro,he will be available for all the programs NTT is offering on a seasonal basis. EXPERIENCE OF KEY PERSONNEL : The NTT Key Personnel are Colon Nunez acting as the Director of the Tennis Center helped by his co-director Daniel Encinas.They will be the main contact persons reachable 24/7.They will take care of all the sports operation and manage the pros staff to ensure the quality of the services. A team of experts will support the management team in the development of the tennis center: - Eric NUNEZ as a permanent connection with the USTA organization in charge of the development of all collaboration with Martin Blackman—General Manager of the USTA player development department - Andres Gomez—former grand slam champion—as a permanent ambassador promoting NTT tennis programs around the tennis world. Contact Person: Colon Nunez Founder & director of NTT Supervisory personnel: COLON NUNEZ and DANIEL ENCINAS: CO- DIRECTORS COLON NUNEZ PROFILE: See above Bio. DANIEL ENCINAS PROFILE: see above Bio. ERIC NUNEZ PROFILE: See above Bio. ANDRES GOMEZ PROFILE: See above Bio Page 12 FIRM'S RESOURCES AND EXPERIENCE WITH GOVT. ENTITIES In order to ensure a smooth transition to the current residents playing at Founders Park Tennis Center,NTT will suggest the city to provide the following equipment to properly maintain the two Har-Ttru courts and one Hard Court. (if no equipment are available,NTT suggest the city to purchase them) Clay Court Maintenance and Groomingeequipment: Golf Card vehicles (EZ-GO). CourtPac Roller,Drag Brush/lute,Aussie Clean Sweep, Seclect Bristle Drag Brush,Line sweepers,Line Scrub,Replacement Brush Assemblies. Hard-court Maintenance equipment: Blower, Water Removal Equipment and 2 Water squeegees CLIENT REFERENCES Perhaps the best demonstrations of past successful ventures are all the recommendations and previous contracts that you will find in below: Those recommendations letters and contracts have been provided by: - Jens Grafe and Darrell Sheafer; General Managers of the Turnberry Isle Resort and Club - Fred Stolle Director of Tennis Operations of the Turnberry Isle Resort and Club - Werner Riffel Director of Finance of the Turnberry Isle Resort and Club • You will find certification that NTT/Colon E.Nunez operated and managed the Turnberry Isle Resort& Club from 1993 to 2012. • You will find also the current ongoing contract between NTT and LA Fitness International LLC. • NTT/Colon E.Nunez has NO pending lawsuits • Letter from The Point of Aventura Tennis Club accepting services to resurface their Hydro Courts date August 4,2012 Page 13 REFERENCES: Fred Store Michael Chang Tennis Legend Grand Slam Champion 305-929-6700 r•1abL e 949 533 7091 M-nile 30 59 32-3 196 Home jmtpccftaol.corn fiery 10s tagmail.com 3006 Island Blvd ;;2802 Aventura,FL 33160 Blackman, Martin Gomez,Andres Gerenal Manager LISTA Grand Slam Champion 561-221-5620'•'_,b a 593-99-940-2915 Mobile marbn.blackman crusta,com ajbgomez 1960 @gmail.com martinb-aamerican.edu Guayaquil,Ecuador Jim Courier US Davis Cup Capban 191799159W,'.-,b_,b e jscg+nsideoudive.cam REQUIRED FORMS, ATTACHMENTS AND VALUE-ADDED BENEFITS Below you will find all required licenses and certificates of insurances complete. Please note the City OfAventura Vendor License Application has been completed and delivered to the Procurement Office where itis being held pending determination of this procurement. NTT Value added benefits: NTT/Colon E Nunez will bring a great added value to the Founder Park Tennis Center because of: - His local following, - His professionalism in the all aspects of the tennis management,teaching and programming. - His diplomacy and courteous manners to deal with the day to day members and clients requests is one of his qualities. - NTT/Colon E Nunez local,state,national and international exposure will make the Founders Park Tennis Center a community destination. ♦lT Page 14 NUNEZ NUNEZ � r � FLOAIOA ww iN- ITSA T -ORE i, Mlijl, i,.....�......F ,.+..�. � ' `••. 1305-682-9441 w.tennistrninin g.coin """"' 1 " ac M1nunea�tenniatrvining.com 1 r{ . ONE OF'.�J nam - /t. r 1 '. ACRRE LEARN R PLAY TENoSPECIAL OFFER - - `� LU ��O CALL FOR MORE DETAIL �, "I� It:rilll�!!H�ii�tEl1N111U1111111 \ (305)682 9414 Fr - Pleaseour - •site at www.tennistraining.com for • • Page G I � � [ 70 � 00 00� ° . § k . N / � q � ■ � a ) � ƒ � � §} � Page 16 r 4 RESPONDENT'S CERTIFICATION Y p p �y RFP # 18-QL-13-2 PROVIDE PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAI ATENANCE SERVICES I have Carefully exarn5niad the Request for Proposal. I hereby propose to furnish the services specified in ('a Request for Pruposal. r agree tha: my submittal will remain Firm for a penod of at least 920 days in order la arlow the C.t} tiizir, to evalua`,e the submittals and dei-ermine a ranking of the most qualified firms_ G 1 certiry Thai al[ information oontarned in chis submittal is truthful. I further certify that I am duly authorized to provide orris submittal on behalf of the firm as its act and dead and thar the firm is ready_ wiHing and ab1,:to perform if awarded the contract. i h further certify, under oath. that this sul)rnittal is matte wiChout prior understanding, agreement. connection, discussion. or collusion with any other person, flim or corpDration tendenng a 30)ruillal for tiro sarne serviCe. that no officer, employee or t agent of the City of Aaentura or any other respondent is interested in said submittal; and the Llndorsigned execxrted IN-; Respondent's Certrfruatinn with full >cnowied9P and j understarrbmg of tFi� matters therein c-ontai"d as,d was duly authoTsze[d to dap so. Aidandum Of t Oalwli ,� * �d Addendum 4 Dated � Add e-ndum# fJatryd k N� -r BU INE88 i S Al E �EaTITLE, TYPED OR PRINTED At It INS Df Et 340C— Y P COD E_ZI LEPHONE NUMBER �- ': NUMBER r , FMA!L ADDRESS s 28 Page 17 I WDRP! STATEMENT PURSUANT TO SECTION 2$7.133 (3) (a , FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST 6E SIGNED AND $bVORN f O IN TkF: PRESENCE OF A NOTARY PIJBLIC OR OTHER O1=F1CAL AUTHORIZE0 TO ADMINISTER OATH$- I 1. This swot staternerrt is submitted to the CITY OF AVENTIfRA,FLORIDA i I ff]YrY7f u70f4p'l+df'¢Hams anr1 fijJr,1 � For _. 7111 L,l � ;�'7/LIdt J7,?nr r.ern ^?(F�nyf rl}'.5rrf�rr�rll r; svroni statemerf) # whose business address is. s r� . r .1k C--A 41 , and of 7 livabier its Federal L=nrp:awief Idorttiricadon number(FEIN)is: Q ISP �� 1 I eIf rhe entefy hAc no 1-L1N. ,rciuch, rho Sicrai 5ae.;irefy Number of fhe iRdivicrual StYM?19 this l w�ltr.''f� if�fFnll.'11{ I 2. 1 undetstalbtl thac a "'pubtic entity crime' as defined in Peeegraph 287.133 (1}(g), F!79orlda $Idiutes, irruans a vioFation uI imy Mate ar federai law try n person wrth respect to and directly related to the lizinsaction of business with grey public entity or vnth akn agency ar political subdivi�ion of any other state or of the United States, including but not limited Mn, M'f NU or rig In,for goc45 nr r ice.%s ro be provided to try public entixy or an allwicy or political subdivision of any other state or of the Untled Staws and involving Antitrust,fraud, theft_bribery. r:ollusion,racketeering_conspiracy,or material misrepresentations_ 3 r ondemland wai. or-rpnvichon'as defined in Paragraph 287.133(1)(b), Florida Ssnlutes. means a fin{iin+q of quirt u a conviction pt a puDtic entity r-rime. witty or without an i taplU4!n,ltitNl ail clwl.. rr aiiw ic,Jorai }r 51.1i'Lnal court of mGord reiating Lo chArges ixought by iudIClnlei)t or mformatiorL aILsr .rely 1, 1989. as a rest,. of a jury verdict, non-jury trial, or entry of a plea Of guilty or non contendere. -4 ' r;nderytr,rid :flat an "affifsate" As ciefined in Paragraph 2FS7.133(1){aj. Florida Statutes. r��eans A or successor of a pyrson convicted of a pubfic entity crime:or 2 A.-r entlLy mixer the contrgl nl any natural person wnc is active In the manage ineat of the l entity acrd vdno has hec:s, cx]rwiotCd of a public_entity crime. The !;Km 'affiliate"includes II those officers" direc_tr3rs, exccui:Nes, partnenr, shareholders, employees, members, acrd :lgailt5 whO aro act tie;n the rrmnay(-miccli of an affiliele. The ownership by oni� person oFshores constituting a controlling interest in snothar person, or a pooling of equipment or income among persons when nc>d for fair market value under an arm's Eength &�reemenf, shall tie a prima rar:le case t`a# tine person controls another person. A 1 pLiNDr. who knGwingly enters rnto a y)inI venture with a person who has bean convicted , i3fa rstkhlir:entity Carne in Florida during the preceding 36 months�hs11 be considered An �ffifl�te 5. I urxiersland that a "person- as delined ,n Paragraph ;W.133(1) (e), I-Lorida Statvies, means any natural person or entky organized Under the laws oP any siate or of She United I i Page 18 Stales with logal powor to ontar irtto a binding contract and which bids or applies to bid on coortraots far the provision of gams or servia2s. let by a public entity_ or whioiT o#trenvise transacts or applies to transact business with a public entity. The term -per&W includes those officers. directors, executives. and partners. Shareholders, employees, memb2d5, end agents who eTQ rl a in rn�qn.�iuernpril 01 a I L wntity_ h Base on tnformaiion and belief. rhe statement which I have markid trclow_ is true ir. relations+o the Pn1;ty submiMnq ales swam stalemerft. (Indicate which staternent app3ies). Ni�illr-L�i Lim ei.Lay SiUwiaijng Cris swam swwmem, nor any 01 its pfla:ers, directors_ extCUfiUis. partners, Shareholders, employees, rner55bcrs_ or agents who ark arrive in the management of the entity, nor any affiliate al the entily has been charged with and nn_ix+gid Cr Z'psihlk.Polity suhsPyr,t?nk iC July 1, 1989_ The entity submitting this swam staternenk. or one or mora of its officers. direclors, Pxecutrres. partners. sharellolbafs. cmpfoyees, members. or agents who are active In the rnanagoment of the entity. or an affiliate of the enMy has heen charged with and convictod of a public entity crime subsequent to July 1, 1989- I he eSll.ly submitting this sworn stetomant, or one or more o€ its ufficers, dircckors, exeCuUweS, partners, shareholders, employees, members, or agents who ere active in the rr:an@gement of Wo cx5tity. or an affitiate of the entity has bean cr)argod with and wnv�c kwr�of a public entity clime suhsequeni tO JUIy 1, 1989_ However_there has been a x.ilksFqu ill prt.:erding h�afore a Hoaxing Officer of the Male uC Florida, Division of Acim n stradvo Hearings and the final Order entered i)y irw Hnarin� Officer determined that i#waft not i. the public interest Io place the entity submitting this swam 51.�rterr5ent on tale tonvlcted vendor list(attach a wily of the final prder). f UNDERSTAND THAT THE SUBMISSION OF THI FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PAaRAGRAPH 1 ABOVE I'S FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM 1S VALID TKROUGH DECEMBER art OF THE CALENDAR YEAR 114 ti4H1CH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THF Pl,BlJC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 2a7_1017, FLORIDA $TATQTES FOR CATEGORY TVVO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FOR —- ❑Y2 worr, to ind 5iihsr.rihn-r1 beior,-! mP Chis day YtiQ 20 l a r'c:ss7ndiiy Rrc�w�= _ OR __-- - N me of N tory. !V/L/0 Produced Mala ry Public—State of OI1 �A4LL X43 Page 19 SCRUTINIZED COMPANIES PURSUANT TO SECTION 287-135, FLORIDA STATUES The undersigned Proposer in acco.mance with Section 287.135, Florida 5t@tutes, hereby certifir that- 1 PropnssT is rint p-nrtir:ipaling in a hoye itt of Israel; 5!_rest_r is.,,cit or,khc Si-fuk-nizLd Companies with Activities in Sudan List or the t Scnr€Gnized Companies vath ActiWbes in the Iran Pe€ aieurY, Energy Sgctor List; 3. Pr user4e$ riot haws buSirteS9 Operatisr►S"snUba oryria- Title ' -- —-- i ! $TATE OF FLORIDA. ) COUN€YOF -17�q-3 — The foregoing instrument was acknowledged before me this .9 day 2G18- for110,71 ,m,-3 I (Company narnef- Personally known tome Ll- or has produGec lfJerikifiration type U f WOTARY SEAL. H ti' r"'�., S€C 14ATURE OF "0TAR Y PUBLIC l ar ;Ni PHM€, TYPEJSTAMP NAME Q�: . #F 567304 =y {7�IR3 C9.�e,A t 37 rrltl iii5*` Page 20 EASINESS ENTITY AFFIDAVIT (VENDORfBIDDER DISCLOSURE) being first duly Sworn Mate: The full legal name and I�usiness address of the person(s) or entity contracting or Erane,acting business with [he Doty of Aventvra ('city") are (Pott Officm addresses are riot aecepEable)_ as loflaws_ Fsd player)der trf caa rare Number(if tee, oci;!Security Nbmbcr) ,`dame uF E wily. indiv dva?. Pareners or Corporafion 12C lttvf�tu Ll Stmol Address Z:uite City State Zip Code G OWNERSHIP Di CLOSURE AFFIDAVIT E F 1. If the contract or business transaction is with a corporation, the full legal name { anrJ business address shat) be provided for e;arh officer and director and each y stockholder wrha holds directEv or indirec#ly five percent (5%) or more of the corpufauon'S stork. If the contract ar business Eransar;tion is with a trust, the full legal name and address shall be provided for each trustee and each berxeficiaay, AEI SUCK nems and addresses are (post {)flice adcIreSses are not acceptable), as follows_ II r'uEl Legai Name Address Ownership 6L % 32 Page 21 The full legal narnes and business a:addretis of any other individual (olfier than subConlraCtCrS, material men. Suppliers, aeborers, or lenders) Who have, or will have, any interest (legal equitable, beneficial or olherwiSe) in the contract or business Ikransaetian with the C;ty are (Post Offlop oddrasses are nol acceptable), as Follows: 1 i I _ i $'i r} J�171 Ja�E I �Sf7F7�f�dJTl� Sworn to and subscribed before me this _ day at I�Iof , 20 ! - Personally krtoWFI ..... L _ Nfu�ar-y POW { Produced idenkific lion Notary PublIC—State of My Commission expires=f }a Type of ideafthcalron comrnrss �a�w:m��;=�_ '!flii Li,LtLtS I }h I Page 22 Local Business Tax Receipt Miami-Dade County,State of Flo rid E -THIS IS.wp-A RILL-PO M134T FA- . 32Q7991 LEBT . EUSINFSS NAMEMOCA7l9N RECEIPT NO_ EXPIRES 2ENUNG.;bOLPINC REl4EW.dL SEPTEMBER 30, 2018 QPEPATIN�-IN DARE Q7jr-M 3341 X30 rAUFn b^_11SPilr;1I 31',11[.r.' PUMMODL SO r.4UAEY C40B Ch ow-rRA-ArL9&?G CrLVrjmR %m�.TVPt Or I5U1tm" RAY6rt1'f7 A&GELVlD 2ENUN GROUP INC 213 EDUCAYII)MAU-MANING INSf BY TAX ODUECTOR C,'O COLON E NUN ET_PROS Fmplpycc{s7 $75to 0711122017 C1ECK21-17-056153 Tlia L6419aana Ty:Auwiplan}f cap{Ra rm)m :F IM In_a1 main—Tb.Tha ILekpl 6-1AL.ora., pemit.nrnca ifir*imn of 4he a�der+a pLelilisalia[c,7o-dr bic-;ess.Halderm�loarrplywii m-ygsmrn nld [vwnp3rommanmlmtilm[1'r tawsantl r"w'errml:mr 1rh apaly Io-Lhr b Me RECE!r NO.Obm m w he displrrrd an All wrm2ee Al vshlc!es-Waml-Daft Cala Sac 63-M Farm miu`ar ztun-osit llednr Page 23 o� CERTIFICATE OF LIABILITY INSURANCE IATEu+NDO'r.+„ THIS CC"FiCATE IS 3SSIJEO AS A MATTER CIF INRbR1AAMN ONLY AND CONFERS N10 RIGHTS 1010N THE VFJ�TIFIC✓TC HOLM.TM OCAY11MATE QM NOT AFFfFt ATIVEGY OR NEGATIVELY AMEND, EXTEND OR ALTER l'TiE GGYERAOC AVFOROCO SY TNZ POLICIVS OCLOW- TNI#CERTIFICATIE OF INSURANCE DOES NOT CON3Trrwt A CONTRACT GE7WMra THE WI)ING IN*$URCR(5�. AUTIfORIgd REPRESENTATIVE 6R PRGOUCER,AN U THE CERT MATE PIW-OER- IM,%ORYAF[T: If the srrl➢fic:a a bolde is an ADDITIQKPLL W5WiE0,the"apy(ios)most be edorsed. If SURROGATION lS WAIVED,swbjeel to Metwn anal wrKilGorLF0%heRoliry,cwtein Policies may Ft:quiraari endvt5tMwir. A st3tEme4YtOn this r.9Mwt4 OQ"Tro444ril"ri33tl!FV the oerUifi,=halder in lieu oFs henda reiewlN!i], ruob GER x 13ci6a YA>e!s, RIAS gg Doastal PlAl .t 1119,=2MC e-rmL 15 How C;tctrf8#$[ t#lllYlla {x'tM Lrelrr�ll9'�baL,raulpraseowlaLoe ��c r Eiltlml HQ" 8C 29928 J4U7�p.)�h�]tdal�hiS Y33,�Mijy 108S8 _ WOURED PT�fe- Jcga] Tam,in Iiagiotzy LOkKtN6: P. O, Brno 9739 tWFtEge: i F!M0- _ MIBLIREM f: Hilton Bead l-land sC 29938 rrJUREYrf. _ COVERAGES G It'TIFYCAT$NUURER�Ia?72468335 -- -----KoAwomwirdwa; THIS IS TQ CeRTIFY YHF,T YHE f047CIES pF M8uRANCE LISTED BRLOw Fu'JI'B:-T>N rAQ9P TO:HC I gljflFG HAM DAA FOA THE POLICY ftWO Ir 0lf.trFO NO-rr-TNS7ANE WG ANY RE01.11FAMeNT,7CRM Cit VQNWlou of pvY L:OWrMACT OR ONEFI Cn'=MENT WIr'4 RJESPMGT TO YMICK 7Fa; OYRY3FFt.4M MAY 92 ISSZIED OR MAY PERTAIN. TW IN4NRAWE+FFQR7EG 15Y YhC Pfx1096 0=1419EG HERIEN FS SURPE T'TO ALL THE TERM!;. EXWJSKMAND OW IT> CF51WMFKoLFcles UMIrtSrICWNPAAeHhvtt}Ej)iYr:tkicrDB4PAID CL+JM6. nCnl'wua r icrerr a'mcyexa rt" erre#wnw AlrCE L,iLPOLICYRUWREA VIM X CWNEWAELLCrENERFLLLM1➢LITT EACmMCLFFMNCE 'S 1,090.444 Cx,kyj.S M+LF Jw .ag ___ _S 190,400 .. armucaL'13a 9/1120 L7 all/7a7n ISR,E�oa WrLra,.,w'�'�J 's E:U_",.A6E9 P9!;ORL 4 kW IWCUR4' j 1,0*3.,900 BE-1WOfd 1U-T—IE9 PER 91`4"4rpGr "TC 'S 3,4#0,000 X wro r rAy PRiSTILr,T£: CS714ri0a,+.iaLF.i #.#9'4.400 J�i.i t:x iifr Awl IIX�45Y Q+s>tf'r P'tP�t: �+ ALL L;1111D &Cr.EDULFD f}7GLY IN.IJ Rd IPsc�ri} S n,REDALiT 46 _ AuTS1dpL`r•uy ",3 E T, S X WeREl1h,Wd 'x pM�R GCH 4EGI,FPIEF F € xfOR0+094 * l.:CGIf LVR I RJ,Li "4AL AWPI.4hTE ,€ 3,CVO,400 Rr Y awm�5#��7ic 011ATOV I'fL/2Fia 3 'AWDEER9 WRIV Mtl4'164 ,5116 E}1PLOlERE'LL5&LJr'r rrw, "$T615 � �ER .w.w�nrrrcrrmcnanlrLsao-wmr - ri tAf7i Oar,C5RtiC=AWR�t WDFW 191A M.A-%. -Gw 4rclazk s 56Yan - EL rLW-kSE POLwy Lrxr € p�F4LirTL4xp WERAn41L4�4gGAr�gly r17�44W i+crara7�.+LNPrI16r'M�Ilr'UM1a 6Shen,e,n.!'a.�arwa o rrn•rytr u+r„I.i+M Cokin Nu6w%,Memh[--r#19884 F-ff tivc,$eFuembex 01,2417 CERTIFICATF HGL Ft CANCEL-AT14H 3HCM LI}ANY OP THE ABC LrE 6E9GRIBED PULICIP3 EIE WA 45.LLED STORE Yw.f t'Xftl AylCx OA" rhI[R 06. NOTICE WILL BE EE:JVEFLZG iN CLolirn NIlIIez Te'IIll2h SeCYic:tYc ACCORDANCE TFITH THE POLICY PR13YIFWr(5. Av=tLir4 Fluricha BLRNOR?F6 Pr FRfdG•Lf M1L14G ,Zio.�20UAGOROCOPPOF2ATION. AR rlohts leaeeve& AC013425�W!14bl) ThoA<:OROromaamuflogo are ragdstovdrnar%c oTACORD INISM dmw, Page 24 JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW•' NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 10/26/2016 EXPIRATION DATE: 10/2612018 PERSON: NUNEZ GENARO FEIN: 650578997 BUSINESS NAME AND ADDRESS: ZENUN GROUP INC NUNEZ TENNIS TRAINING 21399 MARINA COVE Cl R.M-13 AVENTURA FL 33180 SCOPES OF BUSINESS OR TRADE: ATHLETIC SPORTS OR PARK:NONCO Pursuant to Chapter 440 05(14);F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt,Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subjecA to revocation if,at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a DFS F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(856)413-1609 Page 25 State of Florida Department of State I certify from the records of this office that ZEN-UN GROUP,INC. is a corporation organized under the laws of the State of Florida,filed on May 5, 1995. The document number of this corporation is P95000035413. I further certify that said corporation has paid all fees due this office through December 31,2016,that its most recent annual report/uniform business report was filed on January 21,2016,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution, Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Eighteenth day of October, 2016 Secretary of State Tracking Number:CU3237508043 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https:ilservices.sun b iz.org/Filings/CertificateOfStatus/CertificateAuthentication Page 26 Fred Stolle 3000 Island Blvd #2802 Aventura,FL 33160 October 15,2016 To whom it may concern, My name is Fred Stolle, I was the Director of tennis operation at the Turnberry Isle Resort and Club, from 1979 until 2012. 1 met Coach Colon Nunez in 1993 when he came to be the manager of the Turnberry Isle Yacht &Tennis Club he was hired by Jens Grafe. As Director of tennis operation; I supervised Coach Nunez on a daily basis as his responsibilities in this role include: memberships,facility management,operation of the tennis pro shop,overseeing the maintenance as well as the marketing for programs which are ongoing annually. Coach Nunez survived constant changes of high management but that did not affect his work ethic. He was very courteous and knows how to take care of members needs. Coach Nunez as a manger made me feel very confident in all the operation of the facility,he always run a first class operation. Coach Nunez experience in the tennis world is unsurpassable,as you can see on his records he has produce high class players(Andres Gomez,Fernando Gonzalez,Michael Chang,Nicolas Lapentti to name a few)his teaching and coaching skills are high standard. Coach Nunez maintained the clay courts and hard courts immaculate shape,his knowledge in the field is maintenance is very high. Coach Nunez also was instrumental in the FRED STOLLE PRO-AM that raises monies for the BIG BROTHERS/BIG SISTERS FOUNDATION. Coach Nunez will be an asset to any facility in the World. Please feel free to contact me at 305-924-6700 or email meat fiery10s@gmaiLcom if you need additional information. Sincer,ely,, Fred Stoll � Page 27 Jens Grafe 39 Moses Meade Road Canann, CT 06018 October 17, 2016 To whom it may concern. As the General Manager of Turnberry Isle Resort and Club, from 1993 until 2004, 1 hired Colon Nunez to be the Manager and Head Coach of the Turnberry Isle Yacht and Tennis Club. Besides coaching he was responsible for membership, facility maintenance and management,operation of the tennis pro shop as well as the marketing of the many tennis related programs he initiated. Coach Nunez fulfilled his responsibilities diligently and with great success. The Club was a first class operation. His management skills, diplomacy and respect made him popular with members, hotel guests and staff members. The tennis courts and other facilities were always in mint condition and his staff was always professional and accommodating. Above all, however, were his teaching and coaching skills; many professional tennis players sought him out to help them improve their skills, many repeatedly. Hiring Colon turned out to be a very rewarding event. Not only because of his achievements but also because he has proved to be an honest, trustworthy and hardworking gentleman I highly recommend Colon Nunez to manage any tennis facility in the United States or anywhere else. If you need additional information please contact me via e-mail at: jensgrafe@bellsouth.net. Sincerely, nS afe Page 28 Werner Riffel 6861 SW 17 Street Plantation,FL 33317 October 17,2016 To whom it may concern, I was the Director of Finance at Turnberry Isle Resort and Club from the early 1990's to 2011.During this time I met and worked with Colon Nunez who was responsible the Tennis facilities at Turnberry's Marina and Yacht Club area from early 2000 to March 2012.Mr.Nunez operated the facilities consisting of eight Tennis courts and a Tennis Pro shop under a concession agreement. His responsibilities were to operate and maintain the facilities at a high level of service and high quality of product in line with the high standards of Turnberry Isle Resort and Club.Colon Nunez was financially responsible for the success of the Tennis operation at that location. During this time I enjoyed working with Mr.Nunez who proved to be a very responsible and trustworthy person. He put much energy into his tennis programs and the upkeep of the facilities.He created an exiting tennis environment with many activities and affiliated himself with high ranking as well as young and upcoming tennis professional that trained at his facility. Potential issues or conflicts that arose during that time were resolved quickly and professionally and to the benefit of all parties involved. I can highly recommend Mr. Nunez for the operation of any Tennis facility,worldwide,he might get involved with. His dedication and energy to realize a high quality operation are commendable. Please contact me at(305)370-8542 or Wriffe[pc€icast net if any further information is needed- Sincerely Yours Werner Riffel Page 29 niuniEz TENNIS TRAINING www.tenni,training.com RESURFACING PROPOSAL After inspecting the Tennis Pavilion at The Point of Aventura,including the 4 tennis courts,lights poles and fencing. The most vital work that needs to be done is the resurfacing of the tennis courts. Although we are into the hurricane season,which is not recommended to do resurfacing,we can do it if weather stays forgiving. The tennis courts are not in such a bad shape but they do need some work as: 1.-Clean Surface: a.-Scarify court surface as needed,clean courts of all excess dead material,surface algae,mold and other organic growth. b.-Treat courts with algaecide to inhibit future organic growth. c.-Add approximately one(1)ton of Hyrdroblend and Coarseblend material to each court,this material shall be placed with laser--guided grading equipment to provide a smooth and even surface for excellent playing conditions. From our inspection,the line tape are in pretty good condition although some of them shall be re-install in time. This resurfacing should be done: twice per year and once per year every other year. TP has already purchased the Hydroblend and Coarseblend material sufficient to do the first yearly resurfacing. The resurfacing yearly(twice per year)proposal for services provided by NTT as a resurfacing contractor is$9,750.00 First face$4,875.00 immediately (depending on weather conditions)ideal scheduling October. Second face$4,875.00 in more or less 6 month from the first face. PAYMENT TERMS: A 50%down payment,due upon acceptance and signing of this proposal/contract and 50%payment upon conclusion of entire project/contract. Page 30 WARRANTY: Nunez Tennis Training shall warranty the completed courts to be free of significant detect in workmanship and materials for a period of six(6)months.From date of completion,but will not be enforceable,unless payment is made in full of the executed contract. Why should you choose Nunez Tennis Training for this project? With over 20 years of maintaining and operating the Turnberry Yacht and Tennis Club at a high level of excellence. Respectfully submitted by: August 4,2012 Colon E Nunez Prr"ent•Nunez Tennis Training Proposal accepted by:_ NUNEZ TENNIS TRAINING 21399 Marina Cove Cir, M-13 Aventura,FL 33180 coachnunez tennistraininA corn www tenni5traininR com Page 31 FACILITY LICENSE AGR£Eaf ENT This Facility License Agreemml("Agreement")is made-and entered into as of this 21st day of November,2010(tbe "Eilective Dere'l by add bctwern Fit—&Sports Clubs,LLC,a Delaware limited liability company,d(b/a LA Fiend ("LICENSOR'),and Nunez Tennis Trending,a Florid,corporation("LICENSEE"). RECITALS A. LICENSOR is is the basin,of providing health and fitness facilities and scrvicea to LICENSOR', Members(aedefined below),inetuding attheFarality(as defined below); B: LICENSEE is in the business of providing tennis instruction,training,clinics,league play, um incnts and similar—kis,and LICENSEE has been off ring such -m services te the Facility and making certain improvemrnn is the Facility in connection therewith; C. LICENSOR and LICENSEE are desirous Of mlering into this Agteanem,punumt to which.inter alfa, LICENSOR shall pelma LICENSEE to render certain services(speeiheally,the Services,as defined below)in the Services Area(u dc5aed below),and LICENSOR shall—t to LICENSEE having made,and nuking,certain improveteNs to the Services Arca at LICENSEE's sole cosy and expense,without any right of rcimbursemmt king,certain from LICENSOR, subject to the terms and conditions Whir Agreetcem. NOW,THEREFORE,in coraideradon of the recitals set forth above and the mutual covenants wncained herein, LICENSOR and LICENSEE.gree,as fol lows: t. Cleans[. I.,. Grant of Lire,se.LICENSOR hereby grams to LICENSEE anon-transferable license to occupy and use,subject to the.earth set forth herein,the Services Arca, 1.2. No Ten,nav Created.LICENSEE speclftcally cove..,and-grecs,for LICENSOR's benefit, and w a material condition to this Agreemmr,that mithar this Agreement nor-any of LICENSEE's rights in connection herewith"it constitute a lease,whether of the Services Arm w otherwise;LICENSEE,loin not bring any,arAion against LICENSOR or interpose®y defense against LICENSOR based upon the dseory that this Agreement artstiunn a lease;and LICENSEE.expressly waives any rubsunthve or pm©dural rights that LICENSEE may have that are predicaued.up-the rights,of a Mosulofread property:N-whl-Wasiine the provision--Jr the soregeing seutrnca to the swnla y,.sh.ld'this, Agrppment.be;daemei by aa)e courygoveromeand authority,or-quasi.govoma ant:amholiry_W—stitute.orcreete a..lesse,. I hen m such event LICENSOR shall have all of the rights and remedies cf a landlord of reap property available ptusuant to applicable law. 2. LICENSE A-.. 2-I. S—S-1—Area.Upon be,—,provisions and conditions set forth herein,and solely with respect 0 that coni,LICENSOR nuhty,located x13455 NE 207th Street,in the City of Miami,in the Sone of Florida,known as "Miami-Avimhor.".(the"Facility-),LICENSEE shill have the right to operate within that certain outdoor arra of appro.baueNFive Thousand(5,000)square feet coiuisring of si>(e)rens coats on m[Facility's prem"(as designated dd--d below). by LICENSOR from.time to time the'Services Areal in order to pmvih Clic Servica.to.LICENSEE'S Custotners(e- - 22. "AS'IS"Condition.LICENSEE aeknowledgcs and ogmes that it accepts the Services Area in an "AS IS"condition,No represeantiom or warrwrtiee are to-do by LICENSOR that he Services Arm meets currant federal, sale,cormry or municipal stamies,laws,codes,roles,orders,regcirements,ordinances or reguladons governing me operation of LICENSEE's busillm in the Services Arca.Any and all upgrades 10 the Serviced Area required to comply with this Ag><ement or that LICENSEE otherwise wishes to wrdenak[_shall be at Licensee's sole cou end-pose and subject to LICENSOR's prior written 000sent. 3. Term and Effthe last.This Agreement shag...e.-es of the Effective Date ser forth above and shall coadnue for a period of one(1)Year(the"htitial Term").After the Initial Term,this Agreement shall automatically renew On It month to month basis;provided,however,that after the Initial Tenn,either parry may terminate this Agreement by providing thirty(0)days,written notice to the other party-Notwithstanding anything,herein to the contrary,i,no event Page 32 shall ids Agreement eontinue beyond the cuicent tum of LICENSOR's premises lease for theFaeilily,and ifthis Agreement is stiH is effect m sucb time,it will automadeW ty tettuinate M of thedate oftmninatioa or expiration of said prmnises lease, The Curial Term,togedtu with any rcnewel periods,is hetaina$errefen,to as the'Term^. 4. Perm nra. 4.1. MovthN Ideemae payment.Commencing on January 1,20.15 and continuing throughout the Initial Tetras,LICENSEE shall pay to LICENSOR,for the right.ic provide Savitzs;a recurring mondrly-license payment Nine Hundred Dollars MM)(tho"Monthly License jtzymcrtr j,in advance,pn it.0 st day of each month of the]nidal Tenn:Tredte•evmtlhisAgreementcon6nues ia.effegt beyond.tho:lnitidTermy@ieMovWty=Licerise Payment shall increase te- Twelve Hundred Dollars($1270)per medh for as.long 9t this Agreemeo4tZmainS in effect:-UNess expressly permitted leucin,all amounts due and payable to LICENSOR shall be paid m LICENSOR without offset or deduction.Monthly License Payments for any period during the Term that is lest than one momb'shall bepmrated based upon the acavl.smaunt Of days of the calendar month involved,Monthly License payments will not be refunded,in whole or in pat,upon any terminatmn ofthis Agmemem or at any othertime or unci any nitre birchmstances whatsoever except es expressly provided in this Agreement 4.2. First and Lust Movth's Deposit(Intentionally omitted,) 43. Aecess Fee,(Intentionally.mihttc L) 4.4_ Security Dennsit(Intentionally omitted.) 4.5. TIhxes,In addition to the mms above,LICENSEE will pay 20 taxes for which it has responsibility as described in Section 18,all state and local sales_.use,pnvilege and excise taxes,all taxes on Monthly License payments and on any other lioeme fees or rental payments(if any)and all similar taxes arising from the Services,or lased upon L7CENSEE's activities under this Agreemeal,prior to delinquency(excluding any taxes based upon LICENSOR•s net taxable income and any red estate razes or other taxes of assessments fa which LICENSOR is liable with respect to the Facility).If Inlet taxes are due on LICENSEE's rcquned payments to LICENSOR hereunder,such taxes A.11 be paid by LICENSEE cancunendy with the other payments duemtder the license granted heremider(e.g.,with the monthly payments of the Monthly Llanae Payment).If any state or lots]sales,Inc.privilege or excise taxes relating to the LICENSEE's business income are due,then LICENSEE will repulTsuch"lazes drurlyto the applicahletaxing authority. 4.5, Payments.All payments.made ptumentm this'Agreemmt shall be mede.in lawful money of the United Statca of Americalo FITNBSS,INTERNAT1dNA1.,LLC'-3161:Michels m Drive.Suite 60,0,Irvine Califonda92612, LICENSEE. P-Y--.Dopar Monthly ic:eudtotlierp�ao;s,Deetsash,sxLec„plocea esS.ICENSOILrnay:desipseta in.wtitiugto LICENSEE.Payments of Monthly Lieenso PeYuxats must be made by FJectmn(c Flmds Transfer C”EFTS,as MIhotl2ed in Exhibit , s. use_ 5.1. ermi.edVW-During the basiness hours ofthe Faultily,LICENSEE shall be limited to offering to f.-mMmmerb the following services in the Smites Arta:tennis instruction,irainitte,clinics,league play and tomnemems; remit sales of tennis-related equil m'"and apparel(such salesm beappmved in v.rhmg by LI CENSOR):and retail sales of temus-re]atcd""i""such acteonh mkm.r 11Wa and stringing ofmacts.LICENSEE agrees that it shall immediately cease selling aaY.items sold in -Services Area ifMCENSOR.:in ns sok and..absolme dfacredca,abtifies LICENSEE m writing that the item AIRY not be sold or used in the Services Area.The Services provided by LICENSEE shag also be subject ro ncc Rules and Regdmions set fanh in F_,x,¢biI B.as modified by LICENSOR from time an time. 5.2. -find:rv-LICENSEE shall have the exclasiye right m pert the Services whbin the Services Arra for the Tenn of this Agreement.LICENSOR shall have the right to inspect,at any reasonable time,the Services Area to determine whether LICENSEE fs in—Plisece,with this Agreement. / 53p""linked Uses,Except as may be specifically provided in this Agreement,LICENSEE is (/ expressly prohibited from offering,advertising,selling,promodh&providing or otherwise engaging many of the following. services and activities:(9)on-site retail sales(except w permitted in Section 5.11(6)any tales of any membership m ode, means ofaocess to any LICENSOR facility,(c)any sales of food,-beverages or other consumables,(c)massage therapy,(d) Personal Training,and(e)Group Fitness Classes.For the purposes of this Agreens"t:(A)"Personal Training-memer athletie taming.physical paining,personal training or similar services tat ioelude,withoutlimittion,insmmtion,education, 2 Page 33 IN WITNESS WHEREOF,LICENSOR and LICENSEE have executed this Agreement as of the day and year first above written. LICENSOR: LICENSEE: FITNESS INTERNATIONAL,LLC NUNEZ TENNIS TRAINING Signature: Signafge: Name/Title: Stan Yasuda,Senior Vice President, Name/Pitle: Colon E.Nunez,President Treasurer Address:3161 Michelson Drive,Suite 600 Address:3455 NE 207th Street Irvine,Cahfornia 92612 Aventura,FI 33180 Signature: V Name/Title, Kathryn Polson,Chief Financial Officer Address:3161 Michelson Drive,Suite 600 Irvine,California 92612 [Signature Page to Facilities License Agreement(NNT) Page 34 nu G �aur�ror� AGREEMENT This is an agreement between Nunez Tennis Training,hereinafter referred to as(NTT) and the Fairmont Turnberry Isle Resort&Club,hereinafter referred to as(TIRO). Other abbreviations shall include the Turnberry Yacht Club Tennis Facility,hereinafter referred to as(Facility). WHEREAS: The parties agree that: I) NTT will provide at the facility one(1)tennis director,one(1)tennis pro and pro shop staff to ensure services to the members and hotel guests,quality teaching under private lessons and clinics of NTT's academy programs. Teaching at the Facility at all times shall be conducted only by the NTT Staff or by TIRC exclusive staff. Colon Nunez shall be responsible for all hiring and quality control of teaching and pro shop staff shall by oriented by TIRC. 2) NTT shall have the right to organize tennis tournaments and exhibition events at the Facility and Country Club at no expense to TIRC. All such tennis tournaments shall be subject to the prior approval of TIRC. 3) Court usage shall consist of two(2)courts at the Facility for teaching purposes and additional courts as needed provided that it does not interfere with the members' and/or hotel guests'needs which shall have priority. 4) The supervision and running of the pro shop shall be undertaken by NTT and shall provide for court reservations,booking of all teaching activities,pro shop duties,and enforcement of policies such as checking membership cards, information and answering telephone daily from 8:00 AM to 8:00 PM during season periods and from 8:00 AM to 12:00 noon during summer periods. All supplies,water,beverages and towels shall be provided by NTT on an as- needed basis. TIRC will continue to provide plastic cups with the TIRC logo. 5) The court maintenance and maintenance staff shall be the responsibility of NTT on a daily basis. All raw materials for all the courts and maintenance staff shall be provided by NTT on an as-needed basis. Page 35 t G J� - o� 6) The NTT Academy shall not be exclusive to its clients and it will be open for use by members and hotel guests. NTT shall have the right to solicit such activity if necessary but at all times not to interfere with arrangements made by the members and/or hotel guests. 7) TIRC shall include NTT Academy programs in their advertising,promotional, marketing pians and insertion into their brochures,such inclusion to be at the entire discretion of TIRO. TIBC shall have the right to use the names of NTT's current and past ATP title winners and Grand Slam winners as well as junior champions in all of their marketing. If allowable by TIRC,NTT may establish discretely its logo at a location within the facility. 8) The income generated by NTT from its own clients under the tennis Academv shall be directed to NTT in accordance with its accounting procedure and shall be entirely for NTT. 9) TIRC shall not be charged any fees for services provided by NTT,such as tennis director,tennis pro,pro shop staff,and supervision of pro shop,court maintenance and NT"I Academy programs. 10) NTT Academy shall not be charged any fees by TIRC for the usage of courts, office space and display area in the pro shop in running the Academy. NTT shall be responsible for all the associated charges for office us,telephone charges and miscellaneous costs. NTT shall continue to have its separate phone lines. Colon Nunez shall have complete access to the office and pro shop at any time and shall have the use of one car parking"space next to tennis courts for his use and be given a magnetic pass. 11) NTT shall continue to carry liability insurance coverage in the minimum amount of one million dollars per incident and additional insurance for office contents naming Turnberry Isle Resort and Club on Policy. 12) The commencement of the agreement shall be October 1", 2004 and shall be renewed on an annual basis. 13) If NTT fail to comply with any of the terms provided herein,TIRC shall put NTT on Notice in writing to rectify any violations of the terms of the agreement. This agreement shall be deemed to have been violated and be subject to cancellation if NTT fails to rectify the provisions under the written Notice within a reasonable time. Page 36 14) The parties agree not to disclose the terms of this agreement without the prior written consent of the parties except for such other disclosure as may be required by law. l 5) At all times NTT shall be performing as an independent contractor and not as an employee of TIRC and as such NTT is not entitled to any employee rights or benefits from TIRO NTT shall be solely liable for the filing of all applicable tax returns and payments of all Federal,State and Local taxes due. Accepted and agreed this 2dday of September 2004 The�WRMONT TUBI RRY ISLE RESORT& CLUB By: General Manager NUNEZ TENMS TRAINING By: C on E.Nunez resident Page 37 Turnberry Isle �li�rva,I�(rrl . AGREEMENT This is an agreement between Nunez Tennis Training,hereinafter referred to as(NTT) and the Fairmont Turnberry Isle Resort&Club,hereinafter referred to as(TIRC). Other abbreviations shall include the Turnberry Yacht Club Tennis Facility,hereinafter referred to as(Facility). WHEREAS: The parties agree that: 1) NTT will provide at the facility one(1)tennis director,one(1)tennis pro and pro shop staff to ensure services to the members and hotel guests,quality teaching under private lessons and clinics of NTT's academy programs. Teaching at the Facility at all times shall be conducted only by the NTT Staff or by TIRC exclusive staff. Colon Nunez shall be responsible for all hiring and quality control of teaching and pro shop staff shall by oriented by TIRC. 2) NTT shall have the right to organize tennis tournaments and exhibition events at the Facility and Country Club at no expense to TIRC. All such tennis tournaments shall be subject to the prior approval of TIRC. 3) Court usage shall consist of two(2)courts at the Facility for teaching purposes and additional courts as needed provided that it does not interfere with the members'and/or hotel guests'needs which shall have priority. 4) The supervision and running of the pro shop shall be undertaken by NTT and shall provide for court reservations,booking of all teaching activities,pro shop duties,and enforcement of policies such as checking membership cards, information and answering telephone daily from 8:00 AM to 8:00 PM during season periods and from 8:00 AM to 12:00 noon during summer periods. All supplies,water,beverages and towels shall be provided by NTT on an as- needed basis. TIRC will continue to provide plastic cups with the TIRC logo. 5) The court maintenance and maintenance staff shall be the responsibility of NTT on a daily basis. All raw materials for all the courts and maintenance staff shall be provided by NTT on an as-needed basis. 10099 West d:oentry(5tth Drive,Avcntu a,FL 33180 2401,(305)932-6200,(800)327-7028,Tlx:80-8013 ANTUh'N,Fax-(305)933-3811 A member of %e2eadirrgW Otels of the�World Page 3s Turnberry Isle ,A 1LU\b;l.11(71'1{i 6) The NTT Academy shall not be exclusive to its clients and it will be open for use by members and hotel guests. NTT shall have the right to solicit such activity if necessary but at all times not to interfere with arrangements made by the members and/or hotel guests. 7) TIRC shall include NTT Academy programs in their advertising,promotional, marketing plans and insertion into their brochures,such inclusion to be at the entire discretion of TIRO. TIRC shall have the right to use the names of NTT's current and past ATP title winners and Grand Slam winners as well as junior champions in all of their marketing. If allowable by TIRC,NTT may establish discretely its logo at a location within the facility. 8) The income generated by NTT from its own clients under the Tennis Academy shall be directed to NTT in accordance with its accounting procedure and shall be entirely for NTT. 9) TIRC shall not be charged any fees for services provided by NTT,such as tennis director,tennis pro,pro shop staff,and supervision of pro shop,court maintenance and NTT Academy programs. 10) NTT Academy shall not be charged any fees by TIRC for the usage of courts, office space and display area in the pro shop in running the Academy. NTT shall be responsible for all the associated charges for office us,telephone charges and miscellaneous costs. NTT shall continue to have its separate phone lines. Colon Nunez shall have complete access to the office and pro shop at any time and shall have the use of one car parking space next to tennis courts for his use and be given a magnetic pass. 11) NTT shall continue to carry liability insurance coverage in the minimum amount of one million dollars per incident and additional insurance for office contents naming Tumberry Isle Resort and Club on Policy. 12) The commencement of the agreement shall be October Pt. 1995 and shall be renewed on an annual basis. 13) 14) If NTT fail to comply with any of the terms provided herein,TIRC shall put NTT on Notice in writing to rectify any violations of the terms of the agreement. This agreement shall be deemed to have been violated and be subject to cancellation if NTT fails to rectify the provisions under the written Notice within a reasonable time. 1999,)N4est C..mtry Chi DnN,c,Agent—n,RL 331803401,(30i)932-6200,(800)327-7028,Tlx:HO 8013 AVTURNT,fax:(305)933-3811 A member of ghe`L7eading`Hotels of the`World Page 39 Tumberry Isle VL4IAFL I[(YI'1(f. 15) The parties agree not to disclose the terms of this agreement without the prior written consent of the parties except for such other disclosure as may be required by law. 16) At all times NTT shall be performing as an independent contractor and not as an employee of TIRC and as such NTT is not entitled to any employee rights or benefits from TIRC. NTT shall be solely liable for the filing of all applicable tax returns and payments of all Federal,State and Local taxes due. Accepted and agreed this .�/day of September 1995 TURNBERRY ISLE RESORT&CLUB By: -fei�s Gra Ge 2ra1 ager NUNEZ TE IS TRAINING By: olon E.N Pr ' nt 19999 west Country Club Urive,Avenmra,PI-33180_.2401,(.105)932-6200,(800)3277028,Tlx:30 8033 AVTUR\,Fax:(305)933-3811 Amemberol c'jea&hg`Hotelsofthe`World Page 40 Mr. Tournament Director Biesterbos Open Present Dear Sir, I confirm to you that Mr. Daniel Encinas is the Captain of Chile„ Boys Team for the Tournament "Biesterbos Open" Sincerely yours, Claudia Ndfiez R. Oepartamento Menores Federation de Tenis de Chile Avda,Jose Joaquin Prieto 4040,San Miguel-Santiago Fano:(562)554 00 68 Fax: (562)554 10 78 email:menores@federadondetenisdechile.cl web:www.nflrtalfederaciondetenis.cl NILE Page 41 CERTIFICADO Estimado senores, Tenischile LTDA. con RUT 76.528.890-8 certifica que el senn"or Daniel Felipe Encinas Yanez, Rut 17.208.079-2 forma parte del Ranking Unico Nacional de Tenis organizado por www.tenischile.com y avalado por la Federaci6n de Tenis de Chile. EI senor Encinas ha sido un constante animador del Circuito del Circuito RUN durante las temporadas 2005, 2006, 2007, 2008, 2009, 2010 y 2011 ubic6ndose dentro de los 20 mejores tenistas del pais. Adem6s de su lugar en el ranking el senor Encinas ha demostrado ser un destacado deportista a nivel national mostrando una imagers de respeto frente a su rivales. EI senor Encinas ademas se destac6 tomo entrenador de diversos jugadores en gira sudamericanas y europeas durante las ultimas temporadas, viajando con jugadores de alto rendimiento. Se extiende el presente certificado a pedido del interesado p! Oos fines ue estime n cesario. M r nd Pi e or ,� � Santiago, 21 noviembre 2013 Copyright©Tenischile,Inc.2001-2013.Derechos Reser ados. info@tenischile.com/Fono Fax:56-2-2111450