City of Highland Village Request for Proposals (RFP) Tennis Management Services

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1 City of Highland Village Request for Proposals (RFP) Tennis Management Services SECTION 1 General Introduction 1.1 General Information The City of Highland Village is seeking an experienced individual or tennis management company with considerable experience in providing goods and services of this RFP. The desire is to contract with an individual or company to offer, manage and maintain a professional municipal tennis program utilizing City-owned tennis facilities. 1.2 Background The City recently purchased the facility located at 101 Clearwater Drive South, which includes four (4) tennis courts with lights. Future renovations of the property will include a 30+ concrete parking lot, and renovated public restroom building with storage room. City of Highland Village City Council has directed staff to seek proposals from individuals or management companies to oversee the tennis operation at this new tennis facility. The goal will not only be to offer citizens a quality tennis program that will meet the needs of a variety of ages and skill levels, but also generate a revenue stream for the City. The City also owns tennis facilities at: Unity Park Sellmeyer Tennis Courts 2200 Briarhill Blvd. 302 Double Tree Drive 4 Courts w/ Lights 2 Courts w/o Lights Small Office These additional tennis facilities would be available for use to provide tennis lessons, camps and tournaments as part of the contract for management services. 1.3 Basic Guidelines for this Request for Proposals The Proposal shall be evaluated in accordance with the evaluation criteria set forth in this Request for Proposals (RFP). Subsequent to the opening of the sealed Proposal, discussions may be conducted by the City of Highland Village with responsible Proposers who submit proposals 1

2 determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of Proposal; and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting any such discussions, there shall be no disclosure of any information derived from proposal submitted by competing Proposers. All such discussions shall be conducted by the City of Highland Village Director of Parks and Recreation below: Linda Cornelius City of Highland Village Parks and Recreation Department 948 B Highland Village Road (Office) 1000 Highland Village Road (Mailing) Highland Village, TX lcornelius@highlandvillage.org Award shall be made to the most responsive offeror(s) whose proposal is determined in writing to be the most advantageous for the City, taking into account all of the evaluation factors set forth in this Request for Proposal. The City of Highland reserves the right to reject any and all proposals submitted in response to this request. 1.4 Restrictions on Communications with Staff The principal point of contact for this procurement is the Director of Parks and Recreation. The Director of Parks and Recreation may be reached via at lcornelius@highlandvillage.org Until a contractor is selected and the selection is announced regarding this RFP, elected officials and employees of the City are not allowed to communicate regarding the RFP for any reason with any potential or interested contractor, vendor, City staff, or contracted personnel except through the Director of Parks and Recreation or designated successor. This provision shall not, however, impede the Director of Parks and Recreation authority and ability to communicate with Proposers to clarify aspects of proposals or to enter into discussions during final proposal revisions. For violation of this restriction, the City reserves the right to reject the proposal of any potential or interested individual, contractor, vendor or management company who knowingly participates in such violation. All communications concerning this RFP must be directed to the Director of Parks and Recreation. All questions concerning this RFP must be submitted in writing ( only) to the Director of Parks and Recreation, listed in this RFP. No questions other than written will be accepted. No responses other than written will be binding upon the City. The deadline for questions is January 14, 2013, 5:00 p.m. No questions will be accepted after this time. 2

3 1.5 Reservation of Rights The City of Highland Village reserves the right to: (a) reject any and all proposals, in whole or in part, submitted in response to this RFP; (b) request resubmissions from all Proposers; (c) take any other action as permitted by law and/or City of Highland Village Ordinance. City of Highland Village reserves the right to withdraw or cancel this RFP without prior notice, at any time, at its sole discretion. SECTION 2 - Descriptions of Requirements 2.1 Introduction The City of Highland Village has established certain requirements with respect to proposals to be submitted by Proposers. Whenever the terms shall, must, will, or is required are used in the RFP, the specification being referred to is a mandatory requirement of this RFP. Failure to meet any mandatory requirements will cause rejection of Proposers proposal. Whenever the terms can, may, or should are used in the RFP, the specification being referred to is a desirable and failure to provide any items so termed may not be cause for rejection, however, will probably cause a reduction in score awarded. 2.2 Project Oversight and Staffing The successful Proposer will report to the City of Highland Village Director of Parks and Recreation or her designee. 2.3 Detailed Services Required Project Scope a) The Proposer is to operate, manage, and maintain the City s Tennis Center facilities; provide competent tennis instruction for all ages and levels of play at a reasonable fee. Tennis programs should include, but not limited to adult and youth: classes, camps, clinics, leagues, tournaments, mixers, private lessons, and special events. b) The Proposer shall organize, promote, recruit and conduct local and United States Tennis Association (USTA) sanctioned tennis tournaments. c) The Proposer will provide patrons of City of Highland Village with excellent customer service and a positive tennis experience. Patrons will be treated courteously and respectfully. The Proposer shall be patient and polite when dealing with patrons regardless of the circumstances. 3

4 d) The Proposer must submit a schedule of tennis programs and fees at specified deadlines as set by the Parks and Recreation Director or her designee. All tennis programs will be listed in the Parks and Recreation Guide to Fun publication, online and through flyer distribution. Any changes to the fee schedule must be submitted to the Parks and Recreation Director for review prior to being implemented. e) The City of Highland Village shall register and collect all fees that are related to tennis instruction, lessons, drills, clinics, tournaments, and/or any other tennis instructional activities being organized by the Proposer. All fees for all tennis related activities. No fees can be collected by the Proposer for these items at any time, without prior written permission of the Director of Parks and Recreation. The Proposer will be paid on an established payment schedule. Additional reimbursement type payments will be, net 30 days from receipt of invoice. f) Of the ten (10) City-owned tennis courts, two must remain available for general public use during peak rental times, with the exception of large tournaments which may require the use of all courts. g) All court rental fees will be retained by the City of Highland Village. h) Pro Shop sales and racquet stringing services will be the responsibility of the Proposer. The Proposer will incur all costs associated with any pro shop and stringing services, and will retain all revenues collected from these services. i) The Proposer must be a member of the United States Tennis Association (USTA), and must be certified as a United States Professional Tennis Association (USPTA) Professional 1 or Master Professional or a United States Professional Tennis Registry (USPTR) Professional. If the Proposer plans to use assistants, or subcontractors as instructors, 50% must be certified at a minimum level of USPTA Professional 3. All others must be competent to perform instruction. At least 50% of instructional services must be personally administered by the Proposer. j) It will be the responsibility of the Proposer to supply necessary labor for all tennis programs. k) The Proposer and any assistants, sub-contractors or support personnel shall complete a national background history check with the City of Highland Village prior to instructing. City of Highland Village shall retain the right to prohibit anyone from working as an tennis instructor, manager, or the director /organizer/manager of a tournament, camp or clinic utilizing any City of Highland Village tennis facility based on the results of the background check. 4

5 l) No signs, advertising materials, posters, or other such material shall be posted on City of Highland Village property without written permission from the Director of Parks and Recreation. m) The Proposer shall be responsible for notifying the City of Highland Village of any maintenance related concerns that do not meet or satisfy the standards adopted and/or applied by the United States Tennis Association. n) The City of Highland Village shall maintain the City owned Tennis courts, which includes the tennis courts, windscreens, fencing, restrooms, landscaping and irrigation. o) The Proposer shall be responsible for picking up trash generated by use of the facilities for classes, tournaments, clinics, camps, etc. This includes trash on and immediately around the courts, restroom facility, and office at the beginning or conclusion of use. Trash is defined as any discarded, unwanted or worthless material or object. The Proposer shall be responsible for court inspection prior to use to ensure no safety issues are present, and if there is, take appropriate action to eliminate injuries to participants. p) The Proposer will be responsible for providing all necessary supplies that are needed as part of the program being organized that the City does not have in inventory. The Proposer may collect and retain rental fees for the utilization of their equipment such as ball machines. q) The Highland Village Tennis facilities are open between the hours of 5:00 a.m. and 11:00 p.m. each day, Monday through Sunday. The City of Highland Village reserves the right to close the courts for maintenance or hazardous/inclement weather. The City has the right to change the hours of operation. The Proposer has the right to submit a written request to the City to change hours to better meet the needs of our citizens and accommodate events. 2.4 Contract Term It is the intention of the City of Highland Village to award a contract for a three (3) year period. The City and the awarded Contractor shall have the option to renew the contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Highland Village and shall automatically expire three years from award by City Council, with options for renewal for two additional one-year periods. 2.5 Responsibilities Proposers Responsibility 5

6 The successful Proposer's basic service obligations shall include but not be limited to the usual and customary responsibilities outlined below: a) General 1) Enforce all rules and regulations. 2) Regulation of play and conduct of players. 3) Policing of facility property, preserving order and providing for security of facility and preventing injury to facility by players and others. 4) Regular inspection of facility. 5) Routine maintenance of tennis courts, with regular cleaning and sweeping of the same. 6) Operate and manage the tennis courts, pro shop services, and other pertinent areas in a manner calculated to enhance revenue flow to the City and in a manner that will provide quality service for public use. 7) Development of outreach, promotional and advertising efforts subject to City approval. 8) Subject to City approval, contractor shall create a method in which to collect information of program participants and facility user satisfaction for the purpose of review by the City and contractor. b) Programs, Activities and Services 1) Provide private and/or group lessons and instruction in tennis and all services customarily provided by a tennis professional either by contractor personally or by qualified employees of the contractor. 2) Will schedule tournaments and other tennis activities with special interest groups, private groups, tennis clubs and/or school interests to assure the best overall, well-rounded tennis program for the community while incorporating public play and use of facilities in the overall program. 3) May operate, manage, and supervise any pro shop that might include, but not limited to maintaining, selling and renting a stock of merchandise, 6

7 supplies and equipment to meet customer demand and needs and suitable for use at the facility. 4) May maintain and operate a business for the repair of tennis rackets and other tennis related equipment. 5) Must provide and maintain proof of insurance as required by the City. 6) Must operate and maintain recreational and competitive tennis programs such as, but not limited to the following: singles and doubles nights, recreation and competitive leagues, age and/or gender-specific activities, instructional clinics and academies, special events, etc. 7) Must furnish and pay for all costs relative to the operation and maintenance of the provision of tennis classes, leagues, special events, instructors. a) Building and Facility Responsibilities Improvements and maintenance of the facility and equipment shall include but not be limited to the following: 1) Contractor shall keep the facilities and tennis courts clear of trash, debris, and vermin. 2) Contractor shall be responsible for reporting any maintenance needs to the City. 3) Contractor shall be responsible for securing buildings and turning off lights, etc. at the conclusion of their use. C) Hours and Employee Information 1) Hours of operation shall be negotiated with the Director of Parks and Recreation. 2) All employees of Proposer shall be required to reflect a neat, clean appearance and conduct themselves in a pleasant, helpful, cheerful manner. Employees must wear distinguishing clothing appropriate for current weather conditions as described by Proposer. 7

8 3) Proposer and its employees must comply with all rules, regulations and policies of the City of Highland Village. 4) For all communications materials, i.e. brochures, event announcements, media releases and related s, Proposer will be expected to submit for review and approval by the Director of Parks and Recreation in advance of event or activity City Responsibilities The City of Highland Village shall maintain the City owned Tennis courts, which includes the tennis courts, windscreens, fencing, restrooms, landscaping and irrigation. a) The City will be responsible for replacing light bulbs on the tennis court lights and any support facilities. b) The City will be responsible for landscaping, mowing, restroom cleaning, and trash pick-up Other Rights and Responsibilities The City of Highland Village has the right to amend or supplement the RFP by written addendum. The City is not responsible for and shall not be bound by any representations made by any individual acting or purporting to act on its behalf. The City shall not be responsible for any pre-contractual expenses incurred by any Proposer in responding to the RFP, negotiations with City or any other expenses incurred prior to execution of an agreement with the City. Background Checks: The City will conduct background checks on all of Proposers employees and volunteers associated with classes, leagues, tournaments, special events, and other activities conducted on City facilities as part of the City tennis program outlined in this RFP. a) Financial Reporting Requirements: If requested by the City, the successful Proposer shall provide the City with monthly financial reports which shall include but are not limited to a balance sheet, statement of cash flow and schedule of expenditures associated with the City tennis program as outlined in this RFP. b) Reporting Illegal Activity: Proposer is required to report any illegal activity or violations of City Codes, Rules and Regulations to the Director of Parks and 8

9 Recreation and/or the City of Highland Village Police Department as deemed necessary. SECTION 3 - Proposal Submission and Evaluation 3.1 Proposal Each Proposal shall be prepared simply and economically, providing straight-forward concise delineation of Proposers capabilities to satisfy the requirement of this RFP. Emphasis on each Proposal must be on completeness and clarity of content. The Proposal must include detailed information relative to how you propose to accomplish the tasks described in this RFP. An original and four (4) copies of the Proposal are required. 3.2 Evaluation Process and Criteria Review of Proposal Failure to meet the submittal requirements included in the RFP may be cause for rejection of a Proposal. The Director of Parks and Recreation will conduct an administrative evaluation of all proposals submitted by the deadline, to determine compliance with proposal requirements and mandatory document submissions. The City reserves the right to request additional information to clarify a submitted proposal. All costs of proposal preparation shall be borne by the Proposer. Any proposal which does not include all the required statements and affirmations called for in this RFP may be automatically rejected as not being responsive. The award will be made to the firm making the most favorable Proposal to the City of Highland Village taking into account all criteria in this RFP Evaluation Criteria Proposals will be evaluated against the requirement of the solicitation and in accordance with the evaluation factors set forth below to determine the demonstrated ability of the Proposer to perform the services required. After initial administrative review by the Director of Parks and Recreation to ensure each proposal meets administrative requirements, proposals will then be evaluated by three (3) Parks and Recreation Professionals, and by a representative from the City Manager's office Proposal Submission 9

10 Each Proposer shall be responsible for preparing an effective, clear, and concise proposal. Proposals shall be submitted in the following format in the order listed below with each element requested and/or for furnished as specified to facilitate evaluation of the proposals. Failure to adhere to the required format may be cause for rejection of proposal. The content and sequence of the proposal must be as follows: a) Letter of Transmittal A letter of transmittal must be submitted with proposal. The letter must include: 1) A statement of the Proposers understanding for the services required by the RFP. 2) A statement that the Proposer can and will furnish the required services in full compliance to the terms, conditions and specifications set for in this RFP. 3) A statement of the Proposers status (i.e. corporation, partnership, other). b) Company or Firms Organization a) Name and address of the individual or business. b) General overview of the business. c) Business profile(s) including: 1) Type of business (limited partnership, corporation, etc.) 2) Business history and age. 3) Telephone number and fax number. 4) Number and location of offices in Texas 5) Location of the office from which the work is to be managed 6) Name and contact information for the project manager or other key contact with the entity contracting these products or services c) Relevant Experience and Capabilities 1) Describe the type of experience related to tennis management, i.e. when, how long, service area, type of services, etc. 2) Proposal must demonstrate that it or the company has the experience and qualifications to perform the required services. 3) Describe experiences relating to tennis tournaments, leagues, clinics and camps. 4) Include copies of current licenses as required in this RFP. d) References Proposer shall provide a minimum of three (3) references where the same or similar scopes of services were provided to other public agencies or organizations. References must include contact name, business name, mailing address, telephone number and e- mail addresses (if applicable). 10

11 e) Proposal for the proposed services in this RFP. Proposals must present a comprehensive program for offering tennis services for the public as described in this RFP. f) Insurance 1) The nature and extent of tennis activities and related services. 2) Fee structure for proposed activities and services and percentages or amounts to be paid to the City. 3) A staffing plan indicating the number of employees, their responsibilities and number of hours per week/event to be worked, including a description of all services available. 4) Advertising methods. 5) A method for ensuring customer satisfaction, i.e. dealing with public complaints. Attach copy of current Certificates of Insurance SECTION 4 - Insurance 4.1 Indemnification CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE USE OF THE FIELDS BY LICENSEE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR THOSE PARTICIPATING IN THE PERMITTED USE PURSUANT TO THIS AGREEMENT. LICENSEE AGREES TO INDEMNIFY AND SAVE HARMLESS CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY INDEMNITIES ) FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY OCCURRING DURING OR OTHERWISE RELATING TO THE PERSON S PARTICIPATION IN THE PERMITTED USE, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DEATH CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACT OR OMISSION OF LICENSEE, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, INVITEES, GUESTS, COACHES, OR GAME OFFICIALS. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY ONE OR MORE OF THE INDEMNITIES IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, LICENSEE, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT LICNESEE S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. LICENSEE S OBLIGATIONS UNDER THIS SECTION 11

12 SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 4.2 Insurance During the term of the Agreement, Licensee shall maintain at Licensee sole cost in full force and effect a Commercial General Liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to Licensee s conduct of the Permitted Use on the Fields with the following minimum coverage: a. $250,000 per person and $500,000 per occurrence for injury to persons (including death); and b. $100,000 per occurrence for property damage. All insurance shall (i) be endorsed to name the City, its officers, agents and employees as additional insureds as to all applicable coverage, (ii) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (iii) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least A by AM Best or other equivalent rating service, or approved by the City Manager. Licensee shall have issued to City a certificate of insurance evidencing the purchase of the insurance with endorsements as required by this Section 6.2 prior to the execution of the contract. 4.3 No Waiver of Immunity Nothing in the Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of the City under the Texas Civil Practice and Remedies Code et seq. It is expressly understood and agreed that in the execution of this Agreement, City does not waive, nor shall be deemed to waive, any immunity or defense that would otherwise be available to City against claims arising in the exercise of governmental powers and functions. 12

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