Resolution 018-2012 Agreement RESOLUTION NO. 18-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, APPROVING THE
RENEWAL OF THE CONCESSION AGREEMENT FOR THE TOWN OF
PALM BEACH TENNIS FACILITIES BETWEEN THE TOWN OF PALM
BEACH AND NETRESULTS TENNIS, LLC AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE THE SAME ON BEHALF OF THE
TOWN.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1: The Concession Agreement for the Town of Palm Beach Tennis Facilities
between the Town of Palm Beach and NetResults Tennis,LLC, attached hereto as Exhibit"A" and
incorporated by reference as a part of this resolution, is hereby renewed with the following
changes.
Section 2: NetResults Tennis, LLC will be compensated in the following manner for
tennis instruction and related services, including lessons, clinics, camps, or other such teaching
services. These compensation rates will also apply to the sale of tennis related merchandise,
stringing services,tournaments and events,other than those conducted by Town staff, or any other
agreed upon service or goods.
® 89% of the first$100,000 of gross revenues
® 86% of the second $100,000 of gross revenues
® 84% of the third$100,000 (and above) of gross revenues
The contractor will also pay the Town an administrative fee of $13,200 (thirteen thousand
two-hundred dollars) in 12 monthly installments of$1,100.
Section 3: The Town Manager is authorized to execute the same on behalf of the Town.
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PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach assembled this 10th day of April, 2012.
0"" I e
y� 'e
it Coniglio, . ay or David A. Rosow, Town Council President
a r ' Robert 'ldrick, Tow uncil President Pro Tem
i -
i Williarr�J. iamo , ouncil Member
ATTEST: Richard M. Kleid, Town Council Member
Susan O s'Town Clerk Michae J. Pucillo T64 Council Member
Resolution No. 18-2012
Page 2 of 2
David Macburnie
Subject: NETRESULTS/Palm Beach Contract Extension
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Dear Mr Boodheshwar,
The purpose of this letter is to inform you and the town of palm Reach that NETRESULTS Tennis Management of
Wellelesly Wills, MA would very much like to continue our contractual arrangement to provide the tennis services at
bath Seaview park Tennis Center and the Phipps Ocean Park Tennis Center.We have accomplished a significant
amount of our initial goals.We have converted the lesson culture into a vibrant and thriving group program that has
become the staple of Palm Reach Tennis. NETRESULTS has brought a significant amount of professionalism and
customer service to a community that has come to expect only the best.
We would like to discuss further the opportunity to extend the contract to another 3 year term,allowing both parties
to continue to feel the commitment to make palm Reach Tennis the destination in South Florida.
Reap ly,
•..may
David MacBurnie
David MaCBurnie, USPTA
NETRESULTS Tennis
PO Box 81313
Wellesley Hills, MA 07.481.
netresultstennis.net
paimbeachtennisms
tampatennis,net
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CQ ICE, SIGN AGREEMENT
FOR THE
TOWN OF PALM BEACH TENNIS FACILITIES
THIS AGREEMENT made and entered into this 2-1Pday of A04"41'4 2009,by and
between the TOWN OF PALM BEACH, hereinafter referred to as "Town" and NETRESULTS
Tennis,LLC,hereinafter referred to as the"Contractor".
WITNESSETH:
WHEREAS,the Town owns and operates tennis facilities at Scaview Park and Phipps Ocean
Park,both situated within the Town of balm Beach and
WHEREAS, the Town and Contractor desire an agreement wherein and whereby the
Contractor shall. have the concession for tennis teaching services, merchandise sales and equipment
rental upon the terms and conditions hereinafter set forth,to wit:
1. TERM OF AGREEMENT
The initial term of this agreement shall be in effect beginning June 1, 2009, and terminating
May 31,2012,unless terminated sooner as hereinafter set forth. Upon expiration of the initial
term, this agreement shall be automatically renewed on our annual basis unless terminated or
modified by either party through written notice to the other as hereinafter set forth.
11. SCOPE OF SERVICES..
1. The head tennis professional on site will be Mr, Dejan Minic as specified by the
Contractor. Mr. Minis shall be required to be actively involved in tennis teaching
services on court for a minimum of 20 hours per week, unless on vacation or sick
leave. Should the performance of Mr. Minis be deemed as less than satisfactory at any
time during the agreement period, the Town shall have the right to request a
replacement Bead tennis professional from the Contractor. The Contractor shall be
responsible for providing a suitable replacement for the vacated position within 30
days of notification,The replacement most be approved by the Director of Recreation.
In the event that the suggested replacement head professional provided by the
Contractor is not deemed acceptable by the Director of Recreation this contract
agreement between the Town and Contractor shall be considered terminated.
2. Contractor shall have the sole concession for all tennis related teaching services on
Town tennis facilities. Contractor shall also provide a quality line of tennis related
merchandise, including clothing with appropriate tennis facility logo in the pro shops.
The types of items rented and sold under these concessions shall be tennis related,
Limited pre-packaged frozen ice cream and nutritional bars may also be sold.
Contractor shall also provide racket stringing and other tennis related services.
Contractor shall be fully responsible for the payment and maintenance of all insurance
and applicable taxes related to these concessions as required by the legal obligations of
an independent contractor.
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3. Contractor shall have exclusive use of two courts at each facility for teaching purposes.
(Teaching restrictions will apply during morning hours in peak season months during
league matches and special events.) Additional courts may be available to the
Contractor following approved booking procedures for non pre reserved courts on a
daily basis. The junior tennis prograrrr is primarily conducted at the Seaview facility
and may use up to 5 courts between the hours of 3130 to 6:00,Monday through Friday
as dictated by program demand, Contractor shall use these assigned courts to provide
teaching services through lessons, clinics, camps and social activities as part. of a
comprehensive year round tennis program intended to increase rosident participation
and develop a dynamic and progressive junior tennis program. Agreed upon client
registration forms and information sheets shall be used for the provision of teaching
services.Additional courts may be available for new program use(i.e. cardio tennis).
Q. Contractor shall assist facility supervisors with seeding and other tasks related with the
coordination of competitive town tournaments, and coordination of league play and
activities.
S. Contractor shall be responsible for the hiring, training, and payment of all tennis
teaching staff performing services on Town facilities as subcontractors reporting
directly to the Contractor.
6, If in the course of the duties,operations and services under this Agreement,in the event
the Contractor or their agent, representative, employee or sub-contractor becomes
aware or should become aware of any dangerous condition(s)in or on the premises or
equipment, Contractor or their agent,.representative, employcc or subcontractor shall
immediately take appropriate action and cease activities,so as not to endanger persons
or property,
7. The Contractor shall be responsible for notifying the Town of any maintenance related
concerns that do not meet or satisfy the standards adopted and/or applied by the
USTA.
8, The Contractor is an independent contractor who will be responsible for payment of
federal withholding tax and social security contributions. Furthermore, the Contractor
shall not be entitled to any fringe benefits normally provided Town employees such as
worker's compensation insurance coverage, unemployment compensation, retirement,
disability leave,and any leave with pay.
llT. CONTRACTUAL, R l?ONSI�TI ITIIrS
CONTRACTOR shall be responsible for the following:
1, The Contractor shall report to and direct all correspondence acid daily business through
the Assistant Director of Recreation,
2. Contractor agrees to perform a reference check on all tennis instructors prior to their
starting work on Town property. This reference check shall be completed in written
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form with a copy of same submitted to the Town of palm Beach Recreation
Department Administrative Office. All tennis instructors employed by the Contractor
shall have a background check performed by the Town prior to starting work on Town
property. Cost of these background checks shall be borne by the Contractor.
Contractor is required to have a written employment agreement in place with all tennis
instructors prior to teaching.
3. In conjunction with all of the concession related responsibilities,the Contractor hereby
agrees to maintain a good credit rating with all suppliers, manufacturers and others as
well as to compensate all personnel under the Contractor's employment in a timely
manner so as not to discredit the,reputation of the Tennis Program, the Palm Beach
Recreation Department or the Town of Palma Beach.
4. Contractor may set fees for all instructional services and merchandise. Nees must be
approved by the Recreation Director and be competitive within the local municipal
market,
S. The Contractor shall provide daily teaching logs to the Town, including availability of
all teaching staff for the purposes of booking lessons and tracking services rendered.
Daily logs should accurately reflect lessons,clinics or other teaching services provided
on the Town courts.
6. The Contractor shall be responsible for the reconciliation of daily teaching logs to a
Town provided revenue report to insure the accurate tracking of, and payment to, all
subcontracted teaching professionals under it's employment for any toaching services
they may render. Contractor shall be responsible for the tracking and payment of any
monies due it's subcontracted employees.
7. The Contractor shall provide a financial report on a biweekly basis,following receipt of
a revenue summary from the Town, such that a reconciliation may be made prior to the
Contractor receiving a biweekly concession payment from the Town.
S. The Contractor shall provide all necessary supplies that are required as part of the
program or activity being planned.This shall include,but not be limited to,tennis balls,
hoppers,tubes,rackets or other training aids.
9. Contractor shall provide statistical information on participants in all Contractor
provided programs and activities. Statistics to be provided shall include, but not be
limited to, resident/non-resident status, gender, adult/junior status or other information
as requested.
TOWN shall be responsible for the following:
1. Town shall collect and process all foes for goods and services provided by the
Contractor. No monies shall be, paid directly by customers to the Contractor or it's
subcontracted employees for services rendered.
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2. Town shall provide a revenue summary to the Contractor on a biweekly basks, on
approximately the 5th slid 201h day of each month. The summary will include
documentation of all monies collected for Contractor provided services and goods on a
daily basis.
3. Town shall provide all. administrative, clerical, and customer service assistance
necessary for the day to day operation of the tennis facilities. Town staff shall be
assigned to each pro shop dmring scheduled hours of operation.
4. Town staff shall be responsible for all maintenance related to the tennis courts and
related amenities, Town staff`assigned to the pro shops shall perform.evening brushing
and lining of courts.
5. Town shall provide any forms necessary for daily operations and Contractor payments
for services.
b. Town shall maintain a daily log of Contractor related revenues collected including, but
not limited to, such statistical data as receipt number, date, type of service, and staff
initials.
1V. COMPENSATION PACKAGE.
1. Contractor shall be paid for concession related services on a biweekly basis. Payment
shall be provided by the Town on or before the 1 S'h and last day of each month for the
two week period prior. Contractor shall be paid according to the following
compensation package:
m Tennis instruction and related services, including lessons, clinics, camps, or
other such teaching services.
90%of the first$100,000 of gross revenues
87%of the second$100,000 of gross revenues
85%of the third$100,000 of gross revenues
# Sales of tennis related merchandise, stringing services, tournaments and events
other than those conducted by Town staff, or any other mutually agreed upon
service or goods,
90%of the first$100,000 of gross revenues
87%of the second$100,000 of gross revenues
85%of the third$100,000 of gross revenues
2. Contractor shall pay the Town an administrative fee of $12,000 (twelve thousand
dollars) to be paid in 12 equal monthly installments of$1,000. Checks shall be made
payable to the Town of Palm Beach and shall be submitted to the Town on or before
the 1st of each month.
V. INSURANCE AND INDEMNIFICATION,,
The Contractor shall obtain and maintain in force at all times during. the tern of this
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Agreement, insurance coverage pertaining to Public Liability, Property Damage and Workers
Compensation in the following types and amounts:
Workers'Cotnvensation and Employers'Liability:
This insurance shall be written, when applicable, in accordance with the laws of the State of
Florida for all employees of the Contractor engaged in work under this contract. Workers'
Compensation limits shall be Statutory. Employers' Liability limits shall not be less than
$100,000 per occurrence and shall be written only by insurance companies duly authorized and
licensed to conduct business in the State of Florida.
Comprehensive General Liab'hW
This insurance shall be written in comprehensive form and shall protect against all claims
arising from irR uries to persons or damage to property of the Town of Palm Beach or others
arising out of any concession related act or omission of the Tennis Professional, his agents,
employees, or sub-contractors. This policy shall also include protection against claims for
usual personal injury liability coverage, an endorsement. to include the contractual liability
assumed under this Agreement, and Completed Operations/Products Liability coverage for the
concession related operations. The limits of liability shall not be less than $500,000 per
occurrence and shall be written only by insurance companies duly authorized and licensed to
conduct business in the State of Florida.
Re, .it dEnd„orsements/Provisjons,.
The Town of Palm Beach shall be listed as an Additional Insured on.all applicable policies,
Violation by the Contractor of any terms or conditions of the policy shall not invalidate the
policy or reduce any coverages for the Town of Palm Beach,
All required insurance policies shall provide a waiver of subrogation and rights of recovery
against the Town of Palm Beach, and insurers shall agree that they shall have no recourse
against the Town of Palm Beach for payment or assessments in any form on any policy of
insurance.
Policy cancellation, non-renewal or reduction of coverage shall not be effective until after the
Town of Palm Beach has received thirty(30)days advanced notice by certified mail sent to the
attention of the Risk Manager. An original Certificate of Insurance, evidencing that the
insurance ooverage(s) have been procured in. the types and amounts required by this
Agreement, shall be forwarded to the Risk Manager for review and approval prior to the
Tennis Professional performing any operations or other activity under the terms of this
Agreement.
A "true and certified" copy of the applicable policies trust also be provided for review and
approval within forty-five(45)days of the effective date of this Agreement, Contractor agrees
to protect, defend, indemnify, and hold harmless the Town of Palm Beach, its agents,
employees,acid representatives,from any and all claims said liabilities including attorney's fees
and court casts, including appeals, for which the Town of Palm Beach, its employees and
representatives call or tray be field liable as a result of injury (including death)to persons or
damage to property occurring by reason of any acts or omissions of the Contractor, its
employees,agents or sub-contractors,arising out of or in connection with this Agreement. The
Contractor shall not be required to indemnify the Town of Patin Beach or its agents,
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employees, or representatives, when an occurrence results solely from the wrongfihl acts or
omissions of the Town of Palm Beach,or its agents,employees or representatives.
Nothing contained herein is intended nor shall be construed to waive the Town of Palm
Beach's rights and immunities under the common law or Florida Statute 768.28,
Compliance with the foregoing requirements shall not relieve the Contractor of liability and
obligation hinder this Section or under any Section of the Agreement,
No changes to these insurance amounts may be made without a written agreement between the
parties, The Contractor will name the Town as an additional insured (hereinafter "Named
Insured"), The insurance companies shall endorse the policies to state that the Named Insured
is not liable for the payment of any premiums or assessments. A copy of the.endorsements
naming the Named Insured must be submitted to the Town prior to commencement of the
service heremider.
All policies shall be specifically endorsed to provide that the coverage obtained by virtue of
the Agreement between the Town and the Contractor will be primary and that any insurance
carried by the Town and the Contractor shall be excess and non-oontributory. All policies shall
be specifically endorsed to provide that such coverage shall not be cancelled or materially
changed without at least thirty (30) days prior written notice to the Town and the Contractor.
Tlne Contractor shall deliver to the Town the original, signed Certificates of Insurance which
evidence the required coverage prior to commencing operations.
The Conb•actor's liability insurance coverage shall extend to and include the following
contractual indemnity and hold harmless agreement:
Contractor shall indemnify,hold harmless and defend at its sole cost the Town.of Patin
Beach and any other person or entity that becomes a Named Insured,as outlined herein,
their respective officers,agents,and employees,against and assume all liability for any
and all claims, suites, actions, damages, liabilities, expenditures, or causes of action of
any kind arising from the services authorized in this Agreement and resulting or
occurring from any alleged negligence, act omission or error of the Contractor, its
agents or employees and/or arising from the failure of the Contractor, its agents, or
employees to comply with each and every requirement of this Agreement or with any
Town, county, state, or federal law or regulation applicable to the service provided
resulting in or relating to bodily injury, loss of life or limb, or damage to property
sustained by any person,firm,corporation,or other business entity,
The foregoing indemnity agreement shall apply to any and all claims and suits other
than claims and suits arising out of the sole and exclusive negligence of the Named
Insured, their officers, agents, and employees as determined by a court competent
jurisdiction. The Contractor shall obtain and maintain contractual liability insurance in
adequate limits for the sole purpose of protecting the 'Down and the Named Insured
under the hold harmless agreenhent frorn any and all claims arising out of the operations
authorized by this Agreement.
Insurance coverage required by this Agreement shall be in force throughout the Agreement
terra. Should the Contractor fail to provide acceptable evidence of current insurance within
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seven (7) days of receipt of written notice at any time during the term of the Agreement, the
Town shall have the right to consider the Agreement breached and shall have the right to
immediately terminate the Agreement.
The Contractor shall understand and agree that the inclusion of more than one insured ruder
these required policies shall not restrict the coverage provided by these policies•for one insured
hereunder with respect to liability claim or suit by 00 her insured hereunder or any employee
of such other insured and that with respect to claims against any insured hereunder, other
insured hereunder shall be considered members of the public; but the provision of this Cross
Liability Clause shall apply only with respect to liability arising out of dye ownership,
maintenance, use occupancy, or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim.is 3nade
or suit is tiled.
VI. TERMINATION
I. Termination for Cause
This agreement may be terminated for good cause shown prior to the expiration date of
this Agreement. Good cause shall be based upon violation of the terms of this
Agreement,or policies and procedures of the Town or the Recreation Department.
1 Termination without CA
Either party may terminate this agreement without cause upon 60 days notice in writing
to the other party to the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
herein above set:forth.
RECOMMEND APPROVAL; TOWN OF PALM BEACH
S 5" 2009
.iay'Boodheshwar,Nrvibr of Recreation Peter B. Elwell,Town Manager
"TO N"
ATTEST:
J xa Cu gh n, own Clerk David MacBurnie
"CONTRAC'T'OR"
Approved o gal F rtxr and Sufficiency
i
ohn C. Randolph,Town Attorney
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