Resolution No. 2025-25 Selecting Zenun Group Inc. DBA Nunez Tennis Training for Tennis and Pickleball Program - April 8. 205CITY OF AVENTURA RESOLUTION NO. 2025-25
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, SELECTING ZENUN GROUP, INC. D/B/A NUNEZ TENNIS
TRAINING FOR PROFESSIONAL TENNIS AND PICKLEBALL PROGRAM
MANAGEMENT AND COURT MAINTENANCE SERVICES PURSUANT TO RFP
2025-01; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") issued a Request for Proposals No.
2025-01 (the "RFP") for Professional Tennis and Pickleball Program Management and
Court Maintenance Services ("Services"); and
WHEREAS, two sealed proposals were received by the RFP deadline; and
WHEREAS, on March 18, 2025, an Evaluation Committee evaluated the proposals
and ranked Zenun Group, Inc., d/b/a Nunez Tennis Training (the "Contractor") as the
highest ranked Contractor; and
WHEREAS, the City Manager recommended that the Contractor be selected to
provide the Services as further provided in the Staff Memorandum supporting this
Resolution; and
WHEREAS, the City Commission desires to select the Contractor to provide the
Services and authorize the City Manager to negotiate and enter into an agreement with
the Contractor; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each of the above -stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. That the City Commission hereby selects the Contractor for the
Services.
City of Aventura Resolution No. 2025-25
Section 3. That the City Commission hereby authorizes the City Manager, to
negotiate and execute an agreement with the Contractor, and subject to the City
Attorney's approval as to form, content, and legal sufficiency.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Kruss, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Paul A. Kruss Yes
Commissioner Cindy Orlinsky Yes
Vice Mayor Rachel S. Friedland Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 8th day of April, 2025.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
AGREEMENT
BETWEEN THE CITY OF AVENTURA AND ZENUN GROUP, INC. DB/A NUNEZ TENNIS
TRAINING FOR PROFESSIONAL TENNIS AND PICKLEBALL PROGRAM MANAGEMENT AND
COURT MAINTENANCE SERVICES
THIS AGREEMENT (this "Agreement") is made effective as of the 8th day of April, 2025 (the
"Effective Date"), by and between the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation,
whose principal address is 19200 West Country Club Drive, Aventura, Florida, 33180 (hereinafter the "CITY"),
and ZENUN GROUP,INC.DB/A NUNEZ TENNIS TRAINING,whose address is 21399 Marina Cove Circ.
M-13,Aventura,Florida, 33180 (hereinafter,the"CONTRACTOR").
The following exhibits are incorporated herein and made a part of this Agreement:
Exhibit A: Certificate of Insurance
Exhibit B: Fee Structure
WITNESSETH:
WHEREAS, CITY solicited proposals from proposers to perform Professional Tennis and Pickleball
Program Management and Court Maintenance Services; and
WHEREAS,proposals were evaluated and ranked by a Selection Committee and a recommendation was
made to the City Manager; and
WHEREAS,on April 8,2025,City adopted Resolution No.2025-25,which ratified or altered the ranking
of proposals for Professional Tennis and Pickleball Program Management and Court Maintenance Services and
authorized the appropriate City officials to execute an Agreement with the number one ranked proposer; and
WHEREAS, City Commission has selected CONTRACTOR to perform Professional Tennis and
Pickleball Program Management and Court Maintenance Services, on an ongoing, or as needed basis, and at the
sole discretion of City; and
WHEREAS, City and CONTRACTOR desire to enter into an Agreement whereby the duties and
obligations each to the other are set forth.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the
City and the CONTRACTOR agree as follows:
Page 1 of 30
SECTION 1 — TERM AND TERMINATION
1.1. Intent
The term of this Agreement shall begin on the date that it is fully executed and shall extend three(3)years,with
two optional one(1)year renewal by mutual consent, in writing, prior to the expiration of the current term. This
provision in no way limits either party's right to terminate this Agreement at any time during the initial term or
any extension thereof,pursuant to Section 1.2 of this Agreement.
1.2. Termination
This Agreement may be terminated for cause by action of the City Manager if CONTRACTOR is in breach and
has not corrected the breach within 5 days after written notice from CITY identifying the breach, or for
convenience by action of the City Manager upon not less than 30 days written notice by the City Manager. This
Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate
under the circumstances in the event the City Manager determines that termination is necessary to protect the
public health, safety, or welfare.
1.2.1. This Agreement may be terminated for cause by CONTRACTOR if CITY is in breach and has not
corrected the breach within 90 days after written notice from CONTRACTOR identifying the breach.
1.2.2. Termination of this Agreement for cause shall include but not be limited to, failure to suitably
perform the services, failure to continuously perform the services in a manner calculated to meet or
accomplish the objectives of CITY as set forth in this Agreement or multiple breaches of the
provisions of this Agreement notwithstanding whether any such breach was previously waived or
cured.
1.2.3. Notice of termination shall be provided in accordance with Section 8.13(G.) NOTICES of this
Agreement except that notice of termination by the City Manager which the City Manager deems
necessary to protect the public health,safety or welfare may be verbal notice which shall be promptly
confirmed in writing in accordance with Section 8.13(G.)NOTICES of this Agreement.
1.2.4. In the event this Agreement is terminated for convenience, upon being notified of CITY'S election
to terminate, CONTRACTOR shall refrain from performing further services or incurring additional
expenses under the terms of this Agreement.
1.2.5. CONTRACTOR acknowledges and agrees that Ten Dollars($10.00)of the compensation to be paid
by CITY, the adequacy of which is hereby acknowledged by CON TRACTOR, is given as specific
consideration to CONTRACTOR for CITY'S right to terminate this Agreement for convenience.
1.2.6. In the event this Agreement is terminated, any compensation payable by CITY shall be withheld
until all documents are provided to CITY pursuant to the Agreement. In no event shall CITY be
liable to CONTRACTOR for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
1.2.7. This Agreement may be terminated by the CITY if the CONTRACTOR is found to have submitted
a false certification,Form 10,Scrutinized Companies,has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, has been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.
Page 2 of 30
SECTION 2 - STANDARDS OF INSURANCE
2.1. Insurance
A. The policies of insurance shall be placed with insurance carriers authorized to do business by the Insurance
Department of the State of Florida,and meet a minimum financial rating by AM Best Company of no less
than"A-Excellent: FSC VII"; and,
B. CITY shall be named as additional insured on all policies except worker's compensation and professional
liability;and,
C. The additional insured status for CITY for general liability and for completed operations shall be
maintained for this Agreement for five years following the completion of all services, pursuant to this
Agreement or no more restrictive than the Insurance Services office(ISO) form CG 2037(07 04).
D. Any person, organization, vehicle, equipment, or other person or property fulfilling this Agreement is
bound by these insurance requirements.
E. Any changes to these specifications shall be at the sole and exclusive discretion of CITY.
F. CITY retains the right to review, at any time, policies, coverage, applicable forms/endorsements, and
amounts of insurance.
G. Insurance shall not be suspended,voided or canceled except after 30 calendar days prior written notice by
certified mail, return receipt requested,has been given to CITY, except the cancellation notice period for
non-payment of premiums shall be 10 days.
H. Certificates of Insurance evidencing conditions to this Agreement are to be furnished to CITY of Aventura,
19200 West Country Club Drive,Aventura, Florida 33180.
I. Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under
this Agreement shall be provided to CONTRACTOR's insurance company and CITY as soon as
practicable after notice to the insured.
J. CONTRACTOR agrees by entering into this written Agreement that the insurance policies provided will
include a Waiver of Subrogation in favor of CITY. CONTRACTOR'S insurance shall be Primary and
non-contributory.
K. CONTRACTOR is responsible for any costs or expenses below deductibles, self- insured retentions,
coverage exclusions or limitations,or coinsurance penalties.
2.2. Specific Coverage
A. Workers Compensation:CONTRACTOR shall provide statutory workers' compensation,and employer's
liability insurance with limits of not less than $1,000,000 per employee per accident, $1,000,000 disease
aggregate and $1,000,000 per employee per disease for all personnel on the worksite. If applicable,
coverage for the Jones Act and United States Longshoremen and Harbor workers exposures must also be
included. Elective exemptions shall NOT satisfy this requirement. Certificates evidencing an employee
leasing company as employer shall not be accepted). In the event CONTRACTOR has "leased"
employees, CONTRACTOR must provide a workers' compensation policy for all personnel on the
Page 3 of 30
worksite. All documentation must be provided for review and approval by CITY. CONTRACTOR is
responsible for the Workers' Compensation of any and all subcontractors, including leased employees,
used by CONTRACTOR. Evidence of workers' compensation insurance coverage for all subcontractors,
including leased employees,must be submitted prior to any work being performed.
B. Commercial General Liability: CONTRACTOR shall provide evidence of commercial general liability
on an occurrence Form no more restrictive than ISO form CG 2010,and including but not limited to bodily
injury,property damage,contractual liability,products and completed operations(without limitation),and
personal and advertising injury liability with limits of not less than $1,000,000 each occurrence, and
$2,000,000 in aggregate,covering all work performed under this Agreement.
C. Business Automobile Liability: CONTRACTOR shall provide evidence of business automobile liability
on a standard ISO form and including per occurrence limits of not less than $2,000,000 covering all work
performed under this Agreement. Coverage shall include liability for owned, non-owned & hired
automobiles.If private passenger automobiles are used in the business,they shall be commercially insured.
D. Umbrella or Excess Liability: Umbrella polices are acceptable to provide the total required general
liability, automobile liability, and employers' liability limits. Umbrella policies shall also name CITY as
additional insured and coverage shall be provided on a"Follow Form"basis.
E. Pollution Liability: For sudden and gradual occurrences or claims made and, in an amount, no less than
$1,000,000 per claim and $3,000,000 in the aggregate arising out of work performed under this
Agreement, including but not limited to,all hazardous materials identified under the Agreement.
F. Professional Liability: CONTRACTOR shall maintain Professional Liability insurance for both the
CONTRACTOR and any professionals required to carry professional licenses.The policy shall be written
at a limit of not less than $2,000,000 Each Occurrence and$4,000,000 Annual Aggregate.
G. Employee Dishonesty Coverage: CONTRACTOR shall provide Employee Dishonesty coverage to
include liability for dishonest acts of the CONTRACTOR'S employees against the CITY including Theft.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 4 of 30
SECTION 3— SCOPE OF WORK
3.1. Intent
The CITY is requesting proposals from qualified firms for Professional Tennis and Pickleball Program
Management and Court Maintenance Services under a continuing services contract. The City operates the
following parks and community facilities:
A. Founders Park: 11-acre multi-use facility that contains a lighted athletic turf field,two clay tennis courts,
four hard surface tennis courts,five pickleball courts,community green garden,exercise trail,three fitness
stations, park building with restrooms, misting stations, Splashpad interactive water feature playground,
playground, a picnic shelter, and parking for 88 vehicles.
B. Waterways Park: 7-acre multi-use facility that contains a lighted athletic turf field, playground, exercise
trail,two fitness stations,park office building with restrooms, and parking for 96 vehicles.
C. Waterways Dog Park: 1.5-acre leash free park for dogs,a picnic shelter, 2 doggie drinking fountains, and
parking for 20 cars.
D. Veterans Park: 2-acre facility with playground,misting stations,picnic shelters,restroom,open field play
areas and parking for 23 cars.
E. Peace Park: 1.5-acre facility with a playground, open play field, exercise trail,misting stations,a jogging
path, restroom, and an outdoor adult fitness center that is operated 24 hours per day.
F. Aventura Community Recreation Center: This membership based 25,000 square foot facility has three
multi-purpose classrooms, arts and crafts room,NCAA gymnasium, aerobics room, and fitness center in
a park setting on the Intracoastal Waterway and parking for 54 vehicles.
G. Don Soffer Exercise Fitness Trail: 2.9-mile paved exercise trail with benches, chilled water fountains,
trash cans, and ground lighting.
3.2. Description of Services
The City is seeking the most effective and efficient methods of providing tennis and pickleball programs and
court maintenance for the City residents. The City utilizes an automated registration system where residents
register for programs via the City's website. The scope of services shall include but not limited to:
A. CONTRACTOR shall coordinate, implement and evaluate tennis and pickleball operations, tennis
instruction, events, and other tennis and pickleball program services for the City of Aventura in
conformance with all applicable laws and regulations. CONTRACTOR shall provide a complete plan
detailing daily, weekly, monthly, and quarterly activities for lessons, programs, instructions, sport
activities, leagues and ladders, special guest speakers, events or performances and any other services to
be offered.
B. CONTRACTOR shall offer a minimum of two (2) CITY-endorsed no-cost tournaments as requested by
the CITY.
C. CONTRACTOR shall provide proposed programming and operating plan for tennis and pickleball,youth
to adults of various skill levels.
Page 5 of 30
D. CONTRACTOR shall maintain the tennis and pickleball courts. The CONTRACTOR is solely
responsible to supervise and complete all daily maintenance. Daily court maintenance shall include but is
not limited to: blowing leaves and debris, emptying court net bins, cleaning and wiping down water
fountains, benches, trash cans, etc. that are located within court limits and boundaries,pressure cleaning,
court watering/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 including acoustiblok.
E. CONTRACTOR will notify the City of any unsafe conditions such as but not limited to high lines and
ensure the proper maintenance is completed before the courts are open to the public.
F. CONTRACTOR will advise the City of needs such as windscreens, acoustiblok, and nets, court supplies
and clay court material.
G. CONTRACTOR shall be responsible for buying equipment for programs.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 6 of 30
SECTION 4 — STANDARDS OF WORK
4.1. Duties of CONTRACTOR
A. Development and Implementation of Tennis and Pickleball Programs
CONTRACTOR, at its sole cost and expense, shall formulate, implement, direct, manage and control a
complete and full-service tennis and pickleball program for persons of all ages and skill levels to serve
the needs of CITY. The duties of the CONTRACTOR are as follows:
1. As part of the development and implementation of a complete tennis and pickleball program
CONTRACTOR shall provide, at CONTRACTOR'S sole direction, conduct and control, the
following types of lessons:
i. Weekly individual lessons.
ii. Weekly group lessons with a student-instructor ratio of not more than 10-to-1.
iii. Weekly clinics.
iv. Such additional clinics as are in the best interests of the tennis and pickleball program, as
determined by the CONTRACTOR upon request of the CITY.
2. CONTRACTOR shall notify the CITY and all registered participants as soon as possible if any
program is to be canceled.
3. CONTRACTOR shall provide tennis and pickleball instruction for beginners, intermediate and
advanced tennis and pickleball players.
4. CONTRACTOR shall coordinate activities and events for users. This shall include, but not be
limited to establishment of leagues,round robins, socials,tournaments and junior activities.
B. Management of Tennis and Pickleball Tournament Operations.
CONTRACTOR shall formulate, implement, direct, manage and control all CITY-related matters
pertaining to tennis and pickleball tournament operations. This shall include, but not be limited to,
providing professional expertise, as required, for the CITY's involvement in professional tennis and
pickleball programming. In addition, CONTRACTOR shall be on site during designated hours of
operation as agreed upon between CONTRACTOR and CITY for all tennis and pickleball tournaments
held in the CITY. CONTRACTOR shall also solicit public support for all tournaments and work with
tournament volunteers.
C. Financial Management and Compliance with Laws.
CONTRACTOR shall,during the term of this Agreement:
1. Maintain records and accounts of all transactions that result from doing business pursuant to this
Agreement for a period of six years following termination of this Agreement, utilizing a
computerized record-keeping program that is capable for club accounting. Such records shall
include keeping reasonable records concerning facilities utilization and enrollment records.
CONTRACTOR shall also keep financial records so as to satisfy generally accepted accounting
procedures. These records shall include a statement of revenues and expenses (the
"Revenue/Expense Statements"), identifying the source of the revenues, and shall be provided to
the CITY, upon request, along with documentation of the time period represented by each
payment. Such books and records shall be made available to CITY for inspection, review and
auditing upon reasonable advance notice of not less than two business days from CITY. Any such
Page 7 of 30
audit will be at the expense of the CITY unless the result of the audit shows a variance from the
Revenue/Expense Statements of more than two percent.However,any request by CONTRACTOR
to alter the financial terms or conditions of the Agreement must be accompanied by audited
financial statements,to be prepared at CONTRACTOR'S expense,for any period of time the City
Manager deems necessary for the CITY to properly evaluate the request.
2. CONTRACTOR shall be responsible and liable for collecting, paying and reporting all federal,
state and local taxes, fees, assessments and charges related to its activities under this Agreement
including, but not limited to, retail sales and property taxes, to the appropriate taxing authorities.
Such expenses shall be prorated as of the Effective Date and the last day of the Term of this
Agreement with CON I RACTOR responsible for all such expenses for the period between these
two dates. Notwithstanding the foregoing, solid waste and recycling collection services, electric
and water services, and cable television shall be provided at no cost to CONTRACTOR by the
CITY.
3. CONTRACTOR shall obtain and maintain all necessary licenses and permits as required by
federal, state or local authorities, and comply with the CITY'S special event permitting process.
CONTRACTOR shall provide copies of all such licenses and permits to CITY on an annual basis.
CITY shall not unreasonably withhold or delay issuance of local permits and shall fully cooperate
with CONTRACTOR, as necessary, in conjunction with any and all license and permit
applications.
4. CONTRACTOR shall abide by all applicable federal, state and local regulations, ordinances and
laws with special attention to those related to health and safety of participants in athletic events
and to CITY'S rules and regulations.
5. CONTRACTOR shall provide all services and carry out all duties under this Agreement without
discrimination on the basis of age, race, religion, color, national origin, physical or mental
disability, creed, sexual orientation, sex or other classification protected by law. All rates and
charges shall be applied equally to users of the services and facilities,except those discounted rates
may be uniformly applied to senior citizens and those with disabilities. This nondiscrimination
requirement shall be applicable to any employees or CONTRACTORS of CON TRACTOR
involved in carrying out this Agreement.
6. Comply with all statutes, laws, ordinances, rules, regulations, and lawful orders of the United
States of America, State of Florida,Miami-Dade County,City of Aventura and of any other public
authority,which may be applicable to the operations of CON TRACTOR pursuant to the terms of
this Agreement.
D. Liability and Maintenance
1. CONTRACTOR shall supervise and be responsible for the safety of all participants at any event
or activity conducted by CONTRACTOR and his agents,volunteers or employees engaged in the
performance of CONTRACTOR'S duties under this Agreement. CON TRACTOR acknowledges
that some of the students to be instructed will be minor children and, in this regard,
CONTRACTOR will be fully responsible for each child while the child is in CONTRACTOR'S
care, custody and control. CONTRACTOR shall not leave children unsupervised or unattended
during time of scheduled activity.
Page 8 of 30
2. CONTRACTOR shall be responsible for the safety of all individuals while participating in any
event supervised by CONTRACTOR or any employees or independent CONTRACTORs of
CONTRACTOR while acknowledging the overriding right of CITY to expel from municipal
property any persons conducting themselves in violation of CITY park rules, regulations or
ordinances.
3. CONTRACTOR shall conduct a thorough examination and inspection of the facilities and
equipment,used in the furtherance of the duties set forth in this Agreement,to identify any unsafe
condition or defect prior to the commencement of any of its duties, operations and services under
this Agreement. CONTRACTOR shall have the continuing duty to ensure that all patent defects
or conditions at the facilities and equipment provided are remedied and the facilities and equipment
made safe prior to commencing duties, operation or services each day during the term of this
Agreement. CON TRACTOR assumes responsibility for all patent defects or conditions on the
subject facility once it commences its daily duties, operations or services, subject to the terms of
this Agreement.
4. If in the course of it use and operations, CONTRACTOR or any agent, representative, employee
or volunteer of CONTRACTOR becomes aware or should become aware of any dangerous
condition in or at the facilities or equipment, CONTRACTOR or its agent, representative,
employee or volunteer shall immediately notify the CITY of such dangerous condition and CITY
shall correct dangerous condition, within a reasonable timeframe or cease operations so as not to
endanger persons or property in the vicinity of the Center or equipment.
5. CONTRACTOR shall exercise due diligence to maintain and preserve all property belonging to
CITY.
6. CONTRACTOR shall exercise reasonable care and precaution at all times for the protection of
persons and property provided under this Agreement. Safety provisions of all applicable laws and
ordinances shall be strictly observed. CITY reserves the right to expel any person who is causing
a disturbance, is conducting themselves in violation of CITY rules, regulations, ordinances or
whose conduct or activity presents a safety risk or public nuisance. Neither CITY nor any of its
officers, agents, or employees shall be liable to CONTRACTOR for any damages that may be
sustained by CONTRACTOR through exercise by CITY of such right.
7. It is the express intent of this Agreement that the CONTRACTOR provides a turnkey operation to
the CITY,with all regular court maintenance,according to the standards mutually agreed upon by
the CONTRACTOR and City Manager or designee. CONTRACTOR shall be responsible for
closure and securing of the Center and its facilities in the event that a hurricane warning is declared
for the City of Aventura. CITY shall provide for structural repairs as needed.
E. Miscellaneous.
1. CONTRACTOR shall: perform all tasks which are reasonably necessary to be done in order to
accomplish the work and objectives as otherwise provided for under this Agreement.
2. CONTRACTOR shall provide its own equipment and materials for the conduct of the activities
under this Agreement.
Page 9 of 30
3. CONTRACTOR shall apply professional expertise to the maintenance of the City's tennis and
pickleball facilities. CONTRACTOR'S duties shall include, but not be limited to, the regular
maintenance and repair of clay and hard courts.
4. CONTRACTOR shall ensure the continuity of service and.programming.
5. CONTRACTOR shall provide its own transportation for its own staff.
6. CONTRACTOR shall operate the tennis and pickleball program seven days a week, 12 months
out of the year, except for Thanksgiving Day and Christmas Day. The required days of operation
shall only be changed with the written approval of the City Manager.
7. CONTRACTOR shall provide staff for office operations. This shall include,but not be limited to,
answering telephones and assisting with registrations related to the CITY'S tennis and pickleball
program, interacting with users of CITY'S facilities,assisting with required financial recordation,
having one staff member or tennis professional provide this service at the hours agreed to by the
CITY and CONTRACTOR.
8. Special events, including events projected to exceed the parking or seating design capacity of the
facilities, must be properly permitted pursuant to the CITY'S special event permit procedures.
CITY shall make appropriate provisions for traffic control and law enforcement at such events.
9. CONTRACTOR shall honor all prepaid memberships that exist as of the Commencement Date.
The CITY shall make its best effort to provide to CONTRACTOR a list of such current prepaid
memberships upon execution of this Agreement.
10. All memberships shall commence on the first of the month,and the memberships shall be paid on
a month-to-month basis.
11. CON TRACTOR'S Merchandising Rights.CONTRACTOR is expressly prohibited from using the
name "City of Aventura" and any likeness or logo similar to the City Seal, except as required by
this Agreement.
12. FEE STRUCTURE. All membership and usage fees, and membership and usage fee increases
shall be subject to approval by the City Manager,whose approval shall not be unreasonably
withheld.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 10 of 30
SECTION 5 — STANDARDS OF CONTRACTOR
5.1. Intent
CONTRACTOR is an independent CONTRACTOR and the individuals assigned to work for CITY by
CONTRACTOR are subject to the approval of CITY and shall not be CITY employees. CONTRACTOR must
be fully licensed with all required State and/or local government licenses and permits and shall comply with all
Federal, State and local laws, rules,practices and regulations.
5.2. Facilities
CITY reserves the right to inspect CONTRACTOR'S facilities at any reasonable time,during normal work hours,
without prior notice to determine that CONTRACTOR has a bona fide place of business and is a responsible
CONTRACTOR.
5.3. Identification
CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other reference
thereof for identification. CONTRACTOR shall use only a CITY issued identification badge.
5.4. Experience
CONTRACTOR shall have a minimum of five (5) years' experience in providing Professional Tennis and
Pickleball Program Management and Court Maintenance Services of similar complexity and size.
CONTRACTOR shall have been in continuous operation for a minimum of the past five (5) years from the date
that the RFP is issued. Proposer shall be fully licensed with all applicable local, state Federal licenses.
5.5. Relationship Contact
CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will respond to
specific CITY requests, twenty-four hours a day, seven days a week, including all public holidays. The
relationship contact shall be available by cellular telephone and shall be expected to visit the work site as requested
by CITY.
5.6. Subcontracting Work
A. Award of Subcontracts and Other Contracts for Portions of Work.CONTRACTOR shall furnish in writing
to CITY the names of persons or entities proposed for each principal portion of the work. In addition,
CONTRACTOR shall not change subcontractors performing any portion of the work required by this
Agreement without prior written approval by CITY.
CONTRACTOR shall be responsible and liable to CITY for all work performed by the Subcontractors or
their employees, agents or CON I'RACTORs,pursuant to this Agreement.
B. Sub-contractual Relations. By listing the names of each as set forth in Exhibit "C", attached hereto and
made a part hereof, CONTRACTOR shall require each subcontractor, to the extent the work to be
performed by the subcontractor,to be bound to CONTRACTOR by terms of the Agreement,and to assume
toward CONTRACTOR all the obligations and responsibilities which CONTRACTOR, by this
Agreement, assumes toward CITY. Each sub-contract agreement, between CONTRACTOR and a
subcontractor, shall preserve and protect the rights of CITY under the Agreement with respect to the work
to be performed by the subcontractor so that subcontracting thereof shall not prejudice the rights,and shall
allow the subcontractor, unless specifically provided otherwise in the sub-contract agreement,the benefit
of all rights, remedies and redress against CONTRACTOR that CONTRACTOR,by the Agreement, has
against CITY.
Page 11 of 30
C. Where appropriate,CON TRACTOR shall require each subcontractor to enter into similar agreements with
the subcontractors. CONTRACTOR shall make available to each proposed subcontractor, prior to the
execution of the sub-contract agreement, copies of the Agreement to which the subcontractor shall be
bound, and upon written request of the subcontractor, identify to the subcontractor terms and conditions
of the proposed sub-contract agreement which may be at variance with the Agreement. Subcontractors
shall similarly make copies of applicable portions of such documents available to their respective proposed
subcontractors.
5.7. Drug-Free Workplace
CONTRACTOR continues to implement and maintain a drug-free workplace program, in accordance with
Section 287.087, Florida Statutes.
5.8. Adherence to CITY Policy
CONTRACTOR assigned to handle the services outlined in this RFP for the CITY shall adhere to all CITY
policies,procedures and protocols.
5.9. Disclosure of Relationships
CONTRACTOR agrees to give CITY written notice of any Relationship,as defined herein,that CONTRACTOR
enters into with CITY or any of its districts, its elected or appointed officials, its employees or agents, during the
period of this Agreement. A "Relationship" for the purpose of this Section shall include but not be limited to
employer/employee, consultant, CONTRACTOR, sub-CON TRACTOR, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient in excess of
$100.00,past or on-going personal relationships, or joint involvement with charitable/voluntary activities.
5.10. Exclusivity
CITY reserves the right to have Professional Tennis and Pickleball Program Management and Court Maintenance
Services provided by others.This action will not waive or void any of the terms and conditions in this Agreement.
5.11. Responding to Emergency Requests
CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to emergency request after
notification by the CITY,twenty-four(24)hours a day, seven(7)days a week, including all public holidays.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 12 of 30
SECTION 6 — STANDARDS OF LABOR AND MATERIALS
6.1. Personnel
A. The CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties as
outlined in this Agreement. 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 Department of Children and Families (DCF) and drug
screening at the time of hire and during the term of the Agreement,at the CONTRACTOR's sole expense.
B. A background check shall be conducted on new employees prior to employment and on each employee at
least once every two years. All background check related costs shall be the sole responsibility of the
CON TRACTOR.Prior to the beginning of the contract term and at the beginning of each CITY fiscal year
(beginning October 1st) the CONTRACTOR shall submit written certification to the CITY that
CONTRACTOR has complied with the CITY'S requirement regarding background checks on all
employees. The certifying document shall be signed by the authorized officer of the corporation. Should
an employee begin service with the CONTRACTOR after the commencement of the Agreement, during
a CITY fiscal year, the CONTRACTOR shall, as soon as reasonably possible, submit a supplemental
certifying document regarding a background check on the new employee. Maintenance, ownership, and
control of all background check records and information generated, received, possessed and stored shall
be the sole responsibility of the CON TRACTOR, and shall be retained for a period of not less than two
years. Failure to perform background check in accordance with the rules above shall be cause for
termination of the Agreement.
C. The CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR'S
employees/independent CON 1'RACTORs,and shall not employ on the work site an unfit person or anyone
not skilled in the work assigned to him. subcontractors, employees or independent CONTRACTORs of
the CONTRACTOR whose work is unsatisfactory to the CITY or who are considered by the CITY'S
representatives as careless, incompetent, unskilled or disorderly or who use threatening or abusive
language to any person shall be dismissed from work upon notice from the CITY and shall not be
employed to perform the work under this Agreement thereafter. No liquor, alcoholic beverages or drugs
shall be allowed on the site of the work.
D. CONTRACTOR shall provide a sufficient number of supervised staff to complete the duties stated within
the Agreement.All staff shall have current CPR and Basic First Aid Training certification
E. Supervisor: The CONTRACTOR shall maintain at least one supervisor on the site at all times. The
Supervisor shall have excellent communication skills and be capable of directing all work required by the
CITY. The Supervisor shall constantly use his experience and training to prevent, detect and control
adverse conditions by physically inspecting the CITY'S properties.
F. Employee/Independent CONTRACTOR or Subcontractor Performance: The CONTRACTOR shall
employ (or contract with)personnel competent to perform the work specified herein. The CITY reserves
the right to request the removal of a CONTRACTOR'S employee/independent CONTRACTOR or
subcontractor from performing work on the CITY'S property where such employee's/independent
CONTRACTOR's or subcontractor's performance or actions, are obviously detrimental to the program.
G. Appearance: CONTRACTOR shall ensure that all of its employees, independent CONTRACTORS and
Page 13 of 30
subcontractors are neat, clean and professional in appearance at all times.
6.2. Facility and Equipment
A. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe operating condition
while performing work under this Agreement. Equipment shall have proper safety devices maintained at
all times while in use. If equipment does not contain proper safety devices and/or is being operated in an
unsafe manner,the CITY may direct the CONTRACTOR to remove such equipment and/or the operator
until the deficiency is corrected to the satisfaction of the CITY. The CONTRACTOR shall be responsible
and liable for injury to persons and property caused by the operation of the equipment.
B. Facility: The CITY shall pay for the cost of electricity, water, and wastewater incurred by the
CONTRACTOR'S use of the facilities. CONTRACTOR shall not use properties and/or possessions of
the CITY for any work except that which is covered by this Agreement. The CON TRACTOR shall be
responsible for the safekeeping and protection of all materials and equipment. The CONTRACTOR shall
be responsible for any injuries to CONTRACTOR's employees, independent CONTRACTORs or
subcontractors while occupying the facility.
C. Improvements: CONTRACTOR shall not construct, or cause to be constructed, any building, structure
or improvement of any kind,whether permanent or temporary,at or upon CITY facilities without the prior
written approval of the City Manager or designee. Any such approval given by CITY does not waive any
other approval or permit as may be required by any other governmental entity, statute, law or regulation.
6.3. Facilities Maintenance and Utilities
A. CITY shall be responsible for:
1. Electrical Utilities
2. Water and Sewer Utilities
3. Landscape Maintenance
4. Solid Waste and Recycling Disposal
5. Building and Structure Maintenance
6. Janitorial Services for Building/Restrooms/Pressure Washing
7. Major Capital Improvements
B. CONTRACTOR shall be responsible for:
1. Litter Control
2. General Court Maintenance such as nets,windscreens and banners
3. Daily Clay Maintenance(to include brushing,watering and rolling)
4. Periodic Clay Maintenance (to include repair of divots and low spots, inspection of tapes for
areas where the lines are high or the edges are curled, scarification of any hard or slippery spots,
and the clearing of drainage channels.)
5. Annual Recondition of the Courts (to include cleaning, leveling,top dressing,and laying lines.)
6. Collection of Garbage and Recycling
6.4. Disaster Preparedness and Response
A. The CONTRACTOR shall assist the CITY in preparing for and responding to a disaster event in the CITY
that impacts the program
Page 14 of 30
SECTION 6— GENERAL CONDITIONS
6.1. Notice to Commence
No work shall commence until the Notice of Commencement is issued by CITY.
6.2. Exemption Prohibition
CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting any provisions of
this Agreement.
6.3. Failure to Comply with Provisions
CONTRACTOR agrees and acknowledges that CONTRACTOR'S failure to comply with any provisions in this
Agreement,including but not limited to failing to accurately complete any or all attached forms and exhibits,may
constitute a breach of this Agreement, and may result in termination of this Agreement.
6.4. Additional Services
If it should become necessary for CITY to request CONTRACTOR to render any additional services to either
supplement the services described in the Agreement or to perform additional work, such additional work shall be
performed only if set forth in an amendment to this Agreement. Any such additional work shall be by mutual
agreement of both parties, negotiated as to price, and approved by action of City Commission.
6.5. Compensation
A. The amount of compensation payable by CITY to CONTRACTOR shall be based upon the prices as set
forth in Exhibit B, attached hereto and made a part hereof.
B. Taxes: CONTRACTOR shall not be entitled to CITY'S tax-exempt benefits.
6.6. Verbal Agreements
A. No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before or
after execution of the Agreement, shall affect or modify any of the terms or obligations contained in the
Agreement.Any such verbal agreement or conversation shall be considered as unofficial information and
in no way binding upon CITY or CONTRACTOR.
B. The terms, conditions, and pricing of the Agreement can only be altered with an amendment to the
Agreement by action of City Commission.
6.7. No Contingency Fees
CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONTRACTOR, any fee, Commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement.
6.8. Assignment; Non-transferability of Agreement
A. The Agreement shall not be assigned or transferred. If CONTRACTOR is, or may be, purchased by or
merged with any other corporate entity during the Agreement, the Agreement may be terminated as a
result of such transaction.The City Manager shall determine whether an Agreement is to be terminated in
such instances.
Page 15 of 30
B. If, at any time during the Agreement, filings, notices or like documents are submitted to any regulatory
agency concerning the potential acquisition of CONTRACTOR, or the sale of a controlling interest in
CONTRACTOR, or any similar transaction, CONTRACTOR shall immediately disclose such
information to CITY. Failure to do so may result in the Agreement being terminated, at CITY'S sole
discretion.
6.9. Compliance with Applicable Laws
CONTRACTORS are required to comply with all provisions of federal, state,county and local laws, ordinances,
rules and regulations that are applicable to the services being provided in this Agreement. Lack of knowledge of
CONTRACTOR shall in no way be a cause for relief from responsibility or constitute a cognizable defense against
the legal effects thereof.
6.10. Familiarity with Laws and Ordinances
CONTRACTOR is familiar with all federal, state and local laws, ordinances, rules and regulations which affect
those engaged or employed in the provision of such services,or equipment used in the provision of such services,
or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will
be considered on account of ignorance thereof. If CONTRACTOR discovers any provisions in the Agreement
that are contrary to or inconsistent with any law, ordinance, or regulation, it shall report the issue to CITY in
writing without delay.
6.11. Advertising
CONTRACTOR agrees not to use this Agreement as a part of any advertising or CONTRACTOR sponsored
publicity without the express written approval of City Manager or designee.
6.12. Indemnification
A. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by
CITY, to defend CITY and any of its officers, agents, servants and employees from and against any and
all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and
claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible
property, arising out of any errors, omissions, misconduct or negligent acts, errors or omissions of
CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of
CONTRACTOR under this Agreement, whether direct or indirect and from and against any orders,
judgments, or decrees which may be entered thereon and from and against all costs, damages of every
kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such
claim and investigation thereof.
B. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by
CITY, to defend CITY and any of its officers, agents, servants and employees from and against any and
all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, demands and
claims sought by third parties related to any alleged breach of any non-competition of similar provisions.
C. CON TRACTOR shall indemnify CITY and any of its officers, agents, servants and employees, for all
loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may
result by reason of any infringement or claim of infringement by CONTRACTOR of any patent,
trademark, copyright,trade secret or other proprietary right relating to services furnished pursuant to this
Agreement. CONTRACTOR shall defend and/or settle at its own expense any action brought against
CITY, any of its officers, agents, servants and employees, to the extent that it is based on a claim that
products or services furnished to CITY by CONTRACTOR pursuant to this Agreement, or if any portion
Page 16 of 30
of the services or goods related to the performance of the service become unusable as a result of any such
infringement or claim.
D. CONTRACTOR acknowledges that specific consideration has been paid or shall be paid under this
Agreement for this hold harmless and indemnification provision, and further agrees with the foregoing
provisions of indemnity and with the collateral obligation of insuring said indemnity.
E. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the
extent considered necessary by City Manager and 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.
6.13. Miscellaneous
A. Ownership of Documents: Unless otherwise provided by law,any and all reports, surveys, and other data
and documents provided or created in connection with this Agreement are and shall remain the property
of CITY. Any compensation due to CONTRACTOR shall be withheld until all documents are received
as provided herein.
B. Audit and Inspection Rights, Retention of Records:
i. CITY shall have the right to audit the books,records and accounts of CONTRACTOR that are
related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as
may be necessary in order to record complete and correct entries related to this Agreement.
ii. CONTRACTOR agrees to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged for which CONTRACTOR
receives reimbursement. Such records and accounts shall be kept after completion of the work
provided for in this Agreement, for at a minimum,the retention period required by the Florida
Public Records Act (Chapter 119, Florida Statutes) and by item 340, Disbursement Records:
Detail, of the State of Florida General Records Schedule GS1-SL for State and Local
Government Agencies,as may be promulgated from time to time. Such books and records shall
be available at all reasonable times for examination and audit by CITY.
iii. Such retention of such records and documents shall be at CONTRACTOR'S expense.
iv. If any audit has been initiated and audit findings have not been resolved at the end of the
retention period,the books,records,and accounts shall be retained until resolution of the audit
findings. If the Florida Public Records Act is determined by CITY to be applicable to
CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either federal or state law shall
be violated by CONTRACTOR.Any incomplete or incorrect entry in such books,records,and
accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such
entry.
v. CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and
allow successor CONTRACTORS to receive working papers relating to matters of continuing
significance.
vi. CONTRACTOR shall provide a complete copy of all working papers to CITY, prior to final
payment by CITY, in accordance with the Agreement for CONTRACTOR'S services.
C. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as follows:
Page 17 of 30
i. Keep and maintain public records that ordinarily and necessarily would be required by the
CITY in order to perform the service.
ii. Upon request by the CITY's records custodian,provide the CITY with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided
by law.
iii. 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 term.
iv. Upon completion of the Agreement or in the event of termination of the Agreement by either
party, any and all public records relating to the Agreement in the possession of
CONTRACTOR shall be delivered by CONTRACTOR to CITY, at no cost to CITY, within
seven (7) days. All records stored electronically by CON TRACTOR 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 to the CITY upon completion or termination of this
Agreement,CON TRACTOR shall destroy any and all duplicate public records that are exempt
or confidential and exempt from public record disclosure requirements.
v. 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.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 466-8901,
horvathe@cityofaventura.com OR BY MAIL: City of Aventura — Office of CITY Clerk, 19200 West
Country Club Drive,Aventura,Florida 33180.
D. Policy of Non-Discrimination:CONTRACTOR shall not discriminate against any person in its operations,
activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of federal, state and local equal employment laws and shall not engage in or
commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation or any other
factor which cannot be lawfully used as a basis for service delivery.
E. Public Entity Crime Act:CONTRACTOR represents that the execution of this Agreement will not violate
the Public Entity Crime Act(Section 287.133, Florida Statutes),which essentially provides that a person
or affiliate who is a CONTRACTOR, CONTRACTOR or other provider and who has been placed on the
convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on an contract
to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the
construction or repair of a public building or public work,may not submit bids on leases of real property
to CITY, may not be awarded or perform work as a CONTRACTOR, proposer, subcontractor, or
consultant under a contract with CITY, and may not transact any business with CITY in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period
of thirty six (36) months from the date of being placed on the convicted vendor list. Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto and may result
in debarment from CITY'S competitive procurement activities. In addition to the foregoing,
CONTRACTOR further represents that there has been no determination, based on an audit, that it
committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has
Page 18 of 30
not been formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list.
F. Third Party Beneficiaries: Neither CONTRACTOR nor CITY intends to directly or substantially benefit
a third party by this Agreement. Therefore, the parties agree that there are no third-party beneficiaries to
this Agreement and that no third party shall be entitled to assert a claim against either of them.Based upon
this Agreement the parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Agreement.
G. Notices: Whenever either party desires to give notice to the other, such notice shall be in writing, sent by
certified United States mail postage, prepaid return receipt requested or by hand delivery with a request
for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section.For the present,the parties designate the following:
CITY: Bryan Pegues
City Manager
City of Aventura
19200 West Country Club Drive
Aventura,Florida 33180
With a copy to: Robert Meyers,Esq.
City Attorney
Weiss Serota Helfman Cole& Bierman, P.L.
2255 Glades Road, Suite 200E
Boca Raton, Florida 33431
CONTRACTOR: ZENUN GROUP, INC. DB/A NUNEZ TENNIS TRAINING
Colon E.Nunez
21399 Marina Cove Cir. M-13
Aventura,FL 33180
H. Conflicts: Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or incompatible with
CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this
Agreement.
i. CONTRACTOR agrees that none of its officers or employees shall, during the term of this
Agreement, serve as an expert witness against CITY in any legal or administrative proceeding
in which he or she is not a party,unless compelled by court process.Further,CONTRACTOR
agrees that such persons shall not give sworn testimony or issue a report or writing, as an
expression of his or her expert opinion,which is adverse or prejudicial to the interests of CITY
in connection with any such pending or threatened legal or administrative proceeding. The
limitations of this section shall not preclude CONTRACTOR or any other persons from
representing themselves in any action or in any administrative or legal proceeding.
Page 19 of 30
ii. In the event CONTRACTOR is permitted to utilize subcontractors to perform any services
required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by
written Agreement, from having any conflicts within the meaning of this section.
I. Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty, and
obligation set forth herein is substantial and important to the formation of this Agreement and, therefore,
is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of
this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
J. Severance: In the event a portion of this Agreement is found by a court of competent jurisdiction to be
invalid,the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to
terminate this Agreement. An election to terminate this Agreement based upon this provision shall be
made within seven days after the finding by the court becomes final.
K. Joint Preparation:The parties acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights and
obligations herein and that the preparation of this Agreement has been their joint effort. The language
agreed to express their mutual intent and the resulting document shall not, solely as a matter of judicial
construction,be construed more severely against one of the parties than the other.
L. 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.
M. Applicable Law and Venue:Attorney's Fees and Costs:This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction
of any Florida state or federal court in any action or proceeding arising out of, or relating to, this
Agreement.Venue of any action to enforce this Agreement shall be in Miami-Dade County,Florida. The
parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected
with this Agreement.The parties understand and agree that this waiver is a material Agreement term.This
Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by
court proceedings or otherwise,whether or not formal legal action is required,each party shall pay its own
attorney's fees and costs.
N. Amendments:No modification,amendment or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar formality as this
Agreement.
O. Prior Agreements: This Agreement and its attachments constitute the entire agreement between
CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations,
correspondence,conversations,agreements,and understandings applicable to the matters contained herein
and the parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether
oral or written.It is further agreed that no modification,amendment or alteration in the terms or conditions
Page 20 of 30
contained here shall be effective unless set forth in writing in accordance with Section 8.17 (N)
Amendments above.
P. Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth above is
acknowledged by the parties. The attached Forms and Exhibits are incorporated hereto and made a part of
this Agreement.
Q. Multiple Originals: This Agreement may be fully executed in five(5)copies by all parties each of which,
bearing original signatures, shall have the force and effect of an original document.
R. Headings:Headings are for convenience of reference only and shall not be considered in any interpretation
of this Agreement.
S. Binding Authority: Each person signing this Agreement on behalf of either party individually warrants
that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing,and to bind and obligate such party with respect to all provisions contained in this Agreement.
T. Survival of Provisions:Any terms or conditions of this Agreement that require acts beyond the date of its
termination shall survive the termination of this Agreement, shall remain in full force and effect unless
and until the terms of conditions are completed, and shall be fully enforceable by either party.
U. Truth-in-Negotiation Certificate: Signature of this Agreement by CONTRACTOR shall act as the
execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation of this Agreement are accurate,complete,and current at the time of contracting.
V. Non-Appropriation of Funds:In the event no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal year for payments due under this Agreement, then CITY, upon
written notice to CONTRACTOR of such occurrence, shall have the unqualified right to terminate this
Agreement without any penalty or expense to CITY.
W. Default: In the event of a default by CONTRACTOR, CONTRACTOR shall be liable for all damages
resulting from the default. CITY may take advantage of each and every remedy specifically existing at
law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or
otherwise existing and may be exercised from time to time as often and in such order as may be deemed
expedient by CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to
be a waiver of the right to exercise any other remedy. CITY's rights and remedies as set forth in this
Agreement are not exclusive and are in addition to any other rights and remedies available to CITY in law
or in equity.
X. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the CITY requires all
CONTRACTORS doing business with the CITY to register with and use the E-Verify system to verify the
work authorization status of all newly hired employees. The CITY will not enter into a contract unless
each party to the contract registers with and uses the E-Verify system.The contracting entity must provide
of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's
participation/enrollment in E-Verify, please visit: https://www.everify.gov/faq/how-do-i-provide-proof-
of-my-participationenrollment-in-e-verify. By entering into this Agreement, the CONTRACTOR
acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify
requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-
Page 21 of 30
Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and
incorporated herein.
Y. Noncoercive Affidavit: In accordance with Section 787.06,Florida Statutes, the City requires all vendors
executing, renewing or extending a contract with the City to execute the required City affidavit, attesting
that vendor does not use coercion for labor or services.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 22 of 30
SECTION 7 —EXHIBIT FORMS
The exhibits located in this section of the Agreement shall be submitted by the Proposer/CONTRACTOR.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 23 of 30
EXHIBIT A-CERTIFICATE OF INSURANCE
ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/VYVY)
12/D2(2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PROOUCER CONTACT Lauren Quinn
NAME:
ESP Insurance Brokerage.LLC PHONE (B77)670-2377 FAx
(Am,No,EH): (AiC.Nol:
101 Creekside Crossing, &MAIL lauren,kachadonan@espspecialty.corn
ADDRESS:
Ste 1700-264 INSURERS)AFFORDING COVERAGE NAIC
Brentwood TN 37122 INSURER A: Everest Indemnity Insurance Co. 10851
INSURED mum,'B- Everest National Insurance Company 10120
Racquet Sports Professionals INSURER O:
Association,Inc. INSURER D'.
11961 Performance Dnve INSuRER E:
Orlando FL 32827 INSURER F
COVERAGES CERTIFICATE NUMBER: CL2412240611 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTNATHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVH ICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS.
INER TYPE OF INSURANCE ADM SUER POLICY NUMBER POLICY EFF POLICY EXP UNITS
LTRINSD WVD IIMIOWYYYY) tMMNorrfrn
X COMMERCIAL GENERAL UA JTY EACH OCCURRENCE s 1,000,000
UNMAGE IU HENI ItU
(CLAIMS-MADE ig(YYYIR PREMISESIEa occurrence) S 1OW,000
MED EXP(Any one Perm) 5 C
A Y GCI0010062.241 12/31/2024 12/31/2025 PERSONAL 8.Aw INJURY S 1,000,WO
GEN'LAGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE S 2,000.000
X POLICY 7.cTT Loc PRODUCTS-COMP/OP AGG S 1,000,000
OTHER, S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5
_ (Ea accident)
ANYAUTO BODILY INIU'RY(Perpespn) S
B AUNT OILY -AUTQS80-1EW� BODILY INJURY(Per econent) S
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY _AUTOS ONLY (Per serpent)
X UMBRELLA UAB OCCUR EACH OCCURRENCE S 5,000,000
A EXCESS UAB CLAIMS-MADE GCI0010061-241 12/31/2024 12/31/2025 AGGREGATE s 5,000,000
CEO I I RETENTION S S
WORKERS COMPENSATION I STATUTE I I ER
AND EMPLOYERS'UAEIUTY Y I N
ANY PROPRIEEOR/PARTNERICXE.ITNE ❑ N/A EL.EACHAOCICENT S
OPP.CER/MEMBER EXCLUDE ,
(Manritery In A) EL DICFn¢c-EA EMPLOYEE S
X yes describe under
DESCRIPTION OF OPERATIONS ssow EL DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHIC EA(ACORD 101,Additiaml Remarks Schedule.may be attached N mon specs is required)
USPTA Members are insured for General Liability for playing,teaching or officiating in tennis,pickleball and platform tennis or operating a tennis ball
machine for practicing or leaching.
Genaro Colon Nunez
#76396
Founders Park of City of Aventura is included as additional insured with respects the general liability required by written contrail.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF.NOTICE WILL BE DEUVERED IN
Founders Park of City ofAvertiura ACCORDANCE WITH THE POLICY PROVISIONS.
19200 W Country Club Dr
AUTHORIZED REPRESENTATIVE
Aventura FL 33180
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2iH€701iFP NO.2025-01 The ACORD name and logo Viegistered marks of ACORD
Page 24 of 30
EXHIBIT A—CERTIFICATE OF INSURANCE (CONT'D.)
POLICY NUMBER:GC10010062-241 COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED— DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s):
Founders Park of City of Aventura
19200 W Country Club Dr
Aventura FL 33180
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds. the following is added to
organization(s) shown in the Schedule, but only Section III—Limits Of Insurance:
with respect to liability for"bodily injury","property If coverage provided to the additional insured is
damage" or "personal and advertising injury" required by a contract or agreement,the most we
caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the
omissions or the acts or omissions of those acting amount of insurance:
on your behalf:
1. In the performance of your ongoing operations; 1. Required by the contract or agreement;or
or 2. Available under the applicable Limits of
2. In connection with your premises owned by or Insurance shown in the Declarations;
rented to you. whichever is less.
However This endorsement shall not increase the
applicable Limits of Insurance shown in the
1. The insurance afforded to such additional Declarations.
insured only applies to the extent permitted by
law;and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG t!6T2reopso2S0t ®Insurance Ser ileLs9 Office,Inc.,2012 Page 1 of 1
Page 25 of 30
EXHIBIT A-CERTIFICATE OF INSURANCE(CONT'D.)
:.tvquct Sports Professionals Association.Inc. R FA C,
lanttm.I7.2023
Omani C.Nunez
21399 Marina Cove Cir.
M-I3
Amiens.FL 33180
Dear Comoro.
This letter will confirm that. as a certified member of the Racquet Sports Professionals Association
(RSPA).you have liability insurance as outlined below. This RSPA liability policy coven applicants who
are being processed. and certified and main honorary members in the United Stales. its territories or
Canada.and nonmembers who arc insaul through a certified member's policy.
tNT RSPA 1 IAIILITY POI ICY INCLUDES S6 trillion liability insurance. Wide on coon. for bodily
injury to others.and Tor damage to property nor in the tennis professional's care.custody or control, It
does nor color injury to the tennis professional. or damage to hither property. The accident must hove
taken place on court. and arisen from the tennis professional's playing.practicing. teaching or ollicioting
in tennis.pickleball.padel.and/or platform tents.
Po0cy Number: GCI0010062-241
Effective Period: 12/312024.1231/2025
For questions or to RSPA World Neadquaters
report an accident. 11961 Pafonnance Drive
,netw,r. Orlando.I1 32827
Telephone:407634-30511 s 137
If we may he of lumber assistance please do not hesitate to contact to.
Sincerely.
RACts ET SPORTS PROVES' N LS ASSOCIATION,INC.
Benny Mcrie,
This coverage is null and void if the member is not a citizen of or does not legally reside and work in the
United Sato,its lemiuuies or Canada.
,eve sera-TM.con
I l'A I Per0aataace I3r.r e•Orland,FL 3282'
_—__
4Sr434-30i0•r.prri rsr net•r.pa,n.. _.
NTT RFP NO.2025-01 9698
Page 26 of 30
EXHIBIT A-CERTIFICATE OF INSURANCE (CONT'D.)
Racquet Spoils Professionals Association.Inc. 1P)i1Ih1 D
„,„fr
February 12,2025
Jeff Auberson
20301 W Country Club Dr
Apt 1228
AventueS,FL 33180-1656
Dear Jodi.
This letter will confirm that. as a cenificd member of the Racquet Sports Professionals Association
(RSPA),you have liability insurance as outlined below. the RSPA liability policy covers applicants who
are being processed. and certified and certain honorary member in the forted States. its territories or
Cantata.and nonmembers who are insured through a certified member's policy.
THE RSP.S LIABILftY POLICY INCLUDES 56 million liability insurance. while on court, for bodily
injury to other.and for damage to pogxay not in the tennis professional's care, custody or control It
doer nor cover injury to the tennis professional. or damage to hishcr property. The accident must have
taken place on court.and arisen from the tennis professional's playing. practicing. teaching or oflicimiop
in tennis,piekleball,pudel,andior platform tennis.
Policy Number: GCI0010062-241
Effective Period: 12/312024-12/312025
For questions or to RSPA World Headquarter
report an accident, 11961 Perfiamanec Drive
.nnrartt Orlando,FL 32827
Telephone,407-634-3050 x 137
if we may he of further assistance'please do tort hesitate to contact as
Sincerely.
RAC ET SPORTS HS. NALS ASSOCIATION.INC.
Beotry Mores
ThLs coverage is null and void lithe member is not a citizen of or does not legally reside and work in the
I:sited States.ns territories or Canada.
196l Pefarmanee Ilene•Orlando.FL 32827
407-634.3050•rspr,Yspn.son•rspa.not
NTT RFP NO.2025-01 9798
Page 27 of 30
EXHIBIT A—CERTIFICATE OF INSURANCE (CONT'D.)
1!�/e
Racquet Sports Professionals Association.hie. RSPA
February 122025
lama Hodeckosa
20513 L Country Club Dr
Apt 148
Miami.FL 33180-3i142
Dear Zuzana.
This letter confirms that. as a Level I- !emus Instructor of the Racquet Sports Professionals
.Vsoctauon.you have purchased liabdity insurance as outlined below. This RSPA liability. policy covers
applicants who are being processed. and certified and certain honorary members in the United States. its
territories or Canada. and nonmembers who are insured through a certified members policy. It also
covers Level I-Tennis Instructors who elect to purchase the insurance.
THE RSPA II AHII I-f"v PO1 ICY INCI I IDES 56 million liability insurance while nr move, for bodily
injury to others. and for damage to property not in the tennis instructors care- custody or control. It
does not cover injury to the tennis instructor, or damage to fisher property The accuient must haye
taken place on court- and arisen from the tennis instructors playing. practicine_reaching or officiating in
tennis.pickleball.padel.amUor plat(rein tennis
Policy\.tether. GCI0010062.241
Effective Period: 12/31/2124•3/31/2025
For question.or to RSPA World Headquarters
report an accident. 11961 Performance Drive
rnnrart•. Orlando.FL 32827
Telephone.4117-634-3050 x 137
If we may be of further assistance please do not imitate to contact us.
Sincerely.
RAC E"f�LS.' N LS ASSOCL\TION.INC.
Henn Moses
This coverage is null and void if the member is not a citizen of nr does nut legally reside and work in the
United States.its territories or Canada.
NTT RFP NO.2025-01 98/98
f a2e 28 of 30
EXHIBIT B—FEE STRUCTURE
1. Revenue Share: The CONTRACTOR will retain 85% of the program revenues, while the CITY will retain
15%.
2. Maintenance Payment: The CITY will compensate the CON 1RACTOR $2,000 per month for maintenance
work as outlined in the contract's scope of work.
3. Supplies and Allowance: The CITY will annually provide supplies and/or an allowance valued at up to
$3,000.
Page 29 of 30
IN WITNESS WHEREOF,the CITY and ZENUN GROUP,INC.D/B/A NUNEZ TENNIS TRAINING
have executed or caused their duly authorized representatives to execute this agreement.
CITY OF AVENT
By: =--�
B n egues, C' a
Date: 1)49-,/a-
4*
Attest: . j Approved as to legal form:
>,Fpj4e,74-
frr
Ellisa L.Horvath,MMi Or Clerk City Attorney
Date: ij a.-31a5 Date: dila-51 a<-3
CONTRACTOR: UN GROUP,INC. D/B/A NUNEZ TENNIS TRAINING
By:
Printed Name: �oC�7-\I v / V
Title:
Date: L(//& vr
Page 30 of 30