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HomeMy WebLinkAboutRES 16-090RESOLUTION NO. 16-090 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a five (5) year contract, with the option for two (2) additional five (5) year terms, substantially in the form attached hereto as Exhibit 'A" with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. MANAGEMENT AGREEMENT WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "City" and The Striesfeld Group, LLC, a Limited Liability Company domiciled in , Texas, hereinafter called "Contractor" hereby seek to enter into a Management Agreement concerning the property described as Beaumont Tennis Center, hereinafter called "Facility". WHEREAS, the parties recognize the mutual benefit to City and Company derived from the existence of a first class tennis facility and, WHEREAS, to that end, City and Company agree as follows: 1) GOAL The City of Beaumont, through its municipal tennis facility, strives to offer the community a positive and inviting atmosphere for p)ayefs of all ages and levels to participate in year-round tennis play. 2) FACILITY The Beaumont Tennis Center (Facility) is a municipal tennis facility under the oversight of the City of Beaumont Parks and Recreation Department located at 6455 College Street. It includes twenty (20) outdoor and four (4) indoor lighted tennis courts. There is a viewing loggia that is ADA compliant. The Pro Shop contains approximately 4,460 square feet of retail floor and wall space. The Facility also includes restrooms with showers for men and women, storage area, and Manager's office. For and in consideration of the conditions and agreements to be kept and performed by Contractor, City does hereby agree to allow the Contractor to manage and operate and Contractor does hereby agree to manage and operate all of that real and personal property as described above as a public tennis facility. 1 EXHIBIT "A" 3) EFFECTIVE DATE AND POSSESSION This management agreement is subject to the approval of the City Council of the City and is not effective until the date of final approval by the Council ("Effective Date"). The date of Contractor's right of possession Facilities and responsibility for operations of Tennis Center ("Possession Date") will be June 1, 2016. 4) TERM OF AGREEMENT The agreement shall have an initial term of five (5) years commencing on , 2016 and ending on , 2021. This Agreement may be extended for two additional five (5) year terms. Contractor shall notify the City in writing at least one hundred eighty (180) days before the end of the initial term or first extended term if Contractor elects to renew this agreement for the extended term. 5) USE OF FACILITY Contractor's primary duty is to fully manage, staff, supervise and control the administration and operation of the facility. Contractor shall use the Facility only for business purposes as municipal tennis courts and for no other purpose without prior written consent of City. Contractor shall comply with all rules, regulations, ordinances, City Charter and laws of public authorities applicable to its operations of the Tennis Center and obligations herein. 6) NOND)SC RIM [NATION Contractor will not discriminate nor permit discrimination against any person or group of persons with regard to employment and the provision of services at, in, or on the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take action necessary to enforce this covenant. 7) CONTRACTOR RESPONSIBILITIES The Contractor shall retain the exclusive right to conduct tennis -related activities at the Facility. A. PROGRAMMING The contractor shall offer tennis and/or tennis -related programming at the Facility. (1) Programming may include, but is not limited to: a) group lessons or clinics, b) private lessons, c) leagues, d) cardio tennis workouts, e) drop-in programs, f) tournaments, g) camps, h) junior programming, i) senior programming, j) mixers. k) and other specific services and amenities as listed by Contractor in Attachment B, Response to RFP (2) Through its programming, the Contractor shall endeavor to maximize the utilization of Facility courts during hours of operation, and the Contractor shall make programming available for diverse skill levels, ages and populations. The Contractor shall modify programming to meet customer needs; the City's needs, and/or as demand dictates. (3) Each month, the Contractor must submit to the Director of Parks and Recreation or their designee, a program of activities of the forthcoming month, identifying at a minimum: leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants, and hours of operation. B. SERVICES The Contractor shall provide tennis and/or tennis -related services at the Facility. Services may include, but are not limited to: 1) racquet stringing, 2) ball machine rental, 3) tennis equipment, 4) apparel or other accessories or merchandise, 5) food, beverages or other concessions, and 6) tournament organizing. C. FEES Contractor shall charge and publicize all tennis fees as approved by City Council in the Code of Ordinances. D. MARKETING. ADVERTISING. AND PROMOTION ACTIVITIES (1) The Contractor shall market, advertise and promote the Facility in order to maximize its utilization. Marketing, advertising and promotional activities may occur via Facility website, social media or other means with prior approval by the Parks and Recreation Director. (2) Contractor shall provide suitable signs at the Facility advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. E. OPERATIONS (1) The Contractor shall manage court usage, court reservations, and payment of court fees at the Facility according to City Ordinance, Section 14.04.013. Current fees approved by City Council and in effect at the signing of this agreement are provided in Exhibit B. (2) The Contractor shall at minimum, maintain the hours of operation as set by City. The Contractor may operate the Facility outside of the hours stated with prior written approval from the City. The current hours of operation are provided in Exhibit C. (3) The Contractor shall offer patrons a user friendly online court reservation system that, at minimum. a. presents no extra cost to players, b. provides reservation confirmation notifications, and c. captures zip codes, email addresses and phone numbers. (4) The contractor shall provide all equipment necessary for the Facility and Pro Shop. The contractor shall utilize a computerized cash register system. (5) The Contractor shall be responsible for any and all debts incurred by the operation of the Facility and shall allow no liens to be filed against City Property. 4 F. FACILITY IMPROVEMENTS/UPGRADES (1) Improvements and/or upgrades to the Facility will be at the sole expense of the Contractor and will become the property of the City upon expiration or termination of the contract. (2) All improvements or upgrades will require prior, written approval from the City. (3) The Contractor shall have the right to remove any personal property from the Facility upon expiration or termination of the contract. (4) The City reserves the right to require the Contractor to restore the Facility to its original condition at the Contractor's expense. G. FACILITY MAINTENANCE AND REPAIRS (1) The Contractor shall be responsible for all maintenance on the following items: a) conduct custodial duties to present a clean appearance of the Facility at all times: b) provide all custodial services and supplies for the Facility,- c) acility; c) maintain the tennis courts and Facility in good repair; d) clears and pressure wash all sidewalks and porch areas once a month; e) repair any physical damage to the facilities such as broken windows, wall damage, plumbing fixture repair, and minor toilet stoppage; f) replace all "burned out" lights in the Pro -Shop area; g) maintain clean and free of debris, inside the fenced area and area within twenty (20) feet of the Facility; h) provide replacement of worn, damaged nets and windscreens. H. REGULATORY (1) The Contractor shall fully comply with all laws, rules, regulations and orders of all local, state and federal governmental authorities which in any way relate to the Facility. 67 (2) Contractor shall secure any and all licenses, clearances, permits and other certificates necessary to operate the Facility as may be required for Contractor's lawful operation, use, possession and occupancy of the Facility. (3) The Contractor shall pay the cost of all license and registration fees and renewals thereof. The Contractor shall display all permits in conspicuous location at the Facility. I. HEALTH, SAFETY, AND SECURITY (1) The Contractor shall be certified for CPR (Cardiopulmonary resuscitation), First Aid and AED (Automated External Defibrillator) training, shall maintain such certification throughout the contract term, and shall provide proof of certification upon the request of the City. (2) City has installed security equipment in the Pro Shop. The Contractor shall monitor the security service and handle all calls associated with this service. The Contractor will be responsible for monthly payments to the security service and any cost asso6ated for false alarms. Should a loss occur of any nature, the City will not be held responsible for any contents, merchandise or cash on -hand. I CASH HANDLING, DEPOSITS, AND RECORDKEEPING (1) The Contractor shall maintain a written cash handling policy which is subject to the approval of the City's Chief Financial Officer. During the term of this Agreement the Contractor shall establish and maintain separate records and accounts for the City facility, including a separate bank account relating to the operation of the Facility. (2) The contractor shall keep and maintain complete and accurate books and records necessary for the fulfillment of Contractor's obligations in accordance with generally accepted accounting principles (GAAP) consistently applied and in a form satisfactory to the City throughout the contract term and for four (4) years after expiration or early termination of the contract. (3) The Contractor shall keep and maintain books and records in sufficient detail to fully and properly document and account for all transactions which relate to the amounts reported to the City. 11 (4) The Contractor shall install a computerized cash register system which shall record all sales or service transactions in a manner satisfactory to the City. K. REPORTING REQUIREMENTS (1) Court rental activity and attendance reports. (2) Log of all maintenance and service performed at the Facility. (3) Incidents or injuries at the Facility. (4) Copy of Internal Revenue Service annual tax returns pertaining specifically to Facility income. (5) Quarterly sales tax report. 8) CITY RESPONSIBILITIES A. During the term of the agreement, City shall be responsible for all maintenance on the following items, at its discretion : (1) HVAC systems including scheduled filter changes (2) Water heater (3) Fire alarm system (monitoring included) (4) Fire extinguisher annual inspections (5) Electrical breaker panels and circuits (6) Lighting control panel (7) Ballast replacement on light fixtures (8) Building structure (9) Roof system (10) Interior and exterior painting (11) Ice machine repairs (12) Plumbing system repairs such as sewer line blockage, flush valve repairs, water supply line repairs, facet repairs, drink fountain repairs (13) Parking lot lights (14) Irrigation system repairs and maintenance (15) Door hardware repair (16) Termite treatment (17) Fencing (18) Replacing light bulbs on the exterior, open courts and covered courts, as discussed below B. During the term of the agreement, City shall provide the following items: (1) A dumpster for trash services. (2) One (1) telephone line for Contractor to conduct business. Contractor may add telephone and computer lines at its sole expense. (3) All utilities (water/sewer, electricity, gas, telephone) (4) Internet as it exists today with no guaranty for speed, availability and the like. (5) AED machine, located in bag below counter. C. Prior to the Possession Date, City will assess the facilities to ensure lights are working, nets are in good playable condition, windscreens are up and in good playable condition, all courts are pressure washed and free of debris, and overall facility is presentable and ready to be operated. D. During the term of the agreement, response time for work order requests will be within 48 hours during normal business hours which is 7:30am - 4:OOpm Monday through Friday. Within 48 hours time frame a City of Beaumont representative will assess the request to determine what will be needed to resolve the requested issue and give the Contractor an approximate timeline to complete the request. The timeline or completion of any work order request will depend upon material availability, delivery time for materials, and the scheduling of work with a contractor if needed, E. City of Beaumont staff will maintain the lights on all outdoor and covered courts at the Beaumont Tennis Center Complex according to the following guidelines: (1) Outdoor Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or there are at least a combined total of ten (10) or more lights out on all outdoor courts. (b) All work will be scheduled Monday through Friday between 7:30 a.m. and 4:00 p.m. (Saturday and Sunday excluded) (2) Covered Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or a combined total of eight (8) or more bulbs not working on all four courts. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. 91 (b) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) fixtures not working on an individual court. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. (c) In the event all fixtures are not working on all courts or one individual court, personnel and equipment will be dispatched to the facility Monday through Sunday. 9) COMPENSATION A. Contractor shall pay City as follows: (1) Initial 5 Year Contract (a) Twelve months following execution of agreement: $0 per month (b) Year 2: $500 per month (c) Year 3: $750 per month (d) Year 4: $1,000 per month (e) Year 5: $1,000 per month (2) First 5 Year Extended Term: Upon exercising the option to extend the management agreement for an additional 5 year term, the Contractor will pay the City: (a) Year 6: $1,000 per month (b) Year 7: $1,500 per month (c) Year 8: $1,500 per month (d) Year 9: $2,000 per month (e) Year 10: $2,000 per month (3) Second 5 Year Extended Term: Upon exercising the option to extend the management agreement for a second additional 5 year term, the Contractor will pay the City $2,500 per month for Years 11-15. B. Contractor shall pay City 10% of all gross receipts from the sale of food concessions, tennis equipment and apparel. Contractor shall provide a monthly report from the point of sale system along with the payment by the 15'h of each month. 10)ASSIGNMENT This agreement may not be assigned in whole or in part by either party without the prior written approval of the other party. 11)TERMINATION A. City or Contractor may terminate this Agreement for cause if either party defaults in the performance of any covenant condition of this Agreement. Prior to such termination City or Contractor must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice, the party giving such notice may terminate the Agreement by a ninety (90) day written notice. B. In addition to any other duties and obligations identified in this Agreement, Contractor shall have the following duties and responsibilities at the termination of this management agreement, whether occurring by normal expiration or as otherwise herein provided: (1) Contractor shall return the Facility to City in good and operable condition, as received at the inception of Agreement. (2) All Trade Fixtures or any other Contractor -owned property which remain at the Facility after the termination or expiration of the Agreement automatically becomes City property without the necessity of any further notice or legal action. 12) INDEMNITY Contractor agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants, and employees from and against any and a1) cJaims, causes of action and damages of every kind, for injury to or death of any person and damages to property arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this agreement or from the operations and actions of The Striesfeld Group, its officers, agents and employees and specifically including herein any and all acts of negligence or omissions by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. 13) INSURANCE A. Contractor shall secure and maintain a comprehensive general liability insurance policy to include contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit per occurrence or its equivalent with an aggregate limit of $1,000,000. The City of Beaumont shall be named as an additional insurance on the policy. The comprehensive general liability policy carried by Contractor under this agreement is the primary coverage 10 in case of loss or damage related to Contractor's operation of the Facility. A copy of the policy shall be submitted prior to commencement of this Contract. B. Further explanation of insurance required and related terms is included in Attachment A. 14) AMENDMENTS This Agreement shall not be changed, amended or altered in any way except in writing and executed by both Parties. 15) ENTIRETY OF AGREEMENT This Agreement constitutes the whole of the understanding, discussions, and agreements by and between City and Contractor. The terms and provisions of this Agreement are contractual and not mere recitals. The City and the Contractor acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. This Agreement shall be binding upon the parties and their respective successors and assigns. 16) NOTICES Any nottice provided for in this Agreement, or which may otherwise be required by law shall be given tin writing to the parties hereto by email or certified mail addressed as follows: TO CITY TO COMPANY City Manager 801 Main Street Beaumont, Texas 77701 11 IN WITNESS THEREOF, this Agreement, consisting of pages is executed in duplicate counterparts as of this 12 day of , 2016. CITY OF BEAUMONT, TEXAS LM Kyle Hayes, City Manager THE STRIESFELD GROUP 0 Eric Striesfeld, President MANAGEMENT AGREEMENT WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "City" and The Striesfeld Group, LLC, a Limited Liability Company domiciled in Harris County, Texas, hereinafter called "Contractor" hereby seek to enter into a Management Agreement concerning the property described as Beaumont Tennis Center, hereinafter called "Facility". WHEREAS, the parties recognize the mutual benefit to City and Company derived from the existence of a first class tennis facility and, WHEREAS, to that end, City and Company agree as follows: 1) GOAL The City of Beaumont, through its municipal tennis facility, strives to offer the community a positive and inviting atmosphere for players of all ages and levels to participate in year-round tennis play. 2) FACILITY The Beaumont Tennis Center (Facility) is a municipal tennis facility under the oversight of the City of Beaumont Parks and Recreation Department located at 6455 College Street. It includes twenty (20) outdoor and four (4) indoor lighted tennis courts. There is a viewing loggia that is ADA compliant. The Pro Shop contains approximately 4,460 square feet of retail floor and wall space. The Facility also includes restrooms with showers for men and women, storage area, and Manager's office. For and in consideration of the conditions and agreements to be kept and performed by Contractor, City does hereby agree to allow the Contractor to manage and operate and Contractor does hereby agree to manage and operate all of that real and personal property as described above as a public tennis facility. 3) EFFECTIVE DATE AND POSSESSION This management agreement is subject to the approval of the City Council of the City and is not effective until the date of final approval by the Council ("Effective Date"). The date of Contractor's right of possession Facilities and responsibility for operations of Tennis Center ("Possession Date") will be June 1, 2016. 4) TERM OF AGREEMENT The agreement shall have an initial term of five (5) years commencing on June 1, 2016 and ending on May 31, 2021. This Agreement may be extended for two additional five (5) year terms. Contractor shall notify the City in writing at least one hundred eighty (180) days before the end of the initial term or first extended term if Contractor elects to renew this agreement for the extended term. 5) USE OF FACILITY Contractor's primary duty is to fully manage, staff, supervise and control the administration and operation of the facility. Contractor shall use the Facility only for business purposes as municipal tennis courts and for no other purpose without prior written consent of City. Contractor shall comply with all rules, regulations, ordinances, City Charter and laws of public authorities applicable to its operations of the Tennis Center and obligations herein. 6) NONDISCRIMINATION Contractor will not discriminate nor permit discrimination against any person or group of persons with regard to employment and the provision of services at, in, or on the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take action necessary to enforce this covenant. 7) CONTRACTOR RESPONSIBILITIES The Contractor shall retain the exclusive right to conduct tennis -related activities at the Facility. A. PROGRAMMING The contractor shall offer tennis and/or tennis -related programming at the Facility. (1) Programming may include, but is not limited to: a) group lessons or clinics, b) private lessons, c) leagues, d) cardio tennis workouts, e) drop -in programs, f) tournaments, g) camps, h) junior programming, i) senior programming, j) mixers. k) and other specific services and amenities as listed by Contractor in Attachment B, Response to RFP (2) Through its programming, the Contractor shall endeavor to maximize the utilization of Facility courts during hours of operation, and the Contractor shall make programming available for diverse skill levels, ages and populations. The Contractor shall modify programming to meet customer needs; the City's needs, and/or as demand dictates. (3) Each month, the Contractor must submit to the Director of Parks and Recreation or their designee, a program of activities of the forthcoming month, identifying at a minimum: leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants, and hours of operation. B. SERVICES The Contractor shall provide tennis and/or tennis -related services at the Facility. Services may include, but are not limited to: 1) racquet stringing, 2) ball machine rental, 3) tennis equipment, 4) apparel or other accessories or merchandise, 5) food, beverages or other concessions, and 6) tournament organizing. 3 C. FEES Contractor shall charge and publicize all tennis fees as approved by City Council in the Code of Ordinances. D. MARKETING, ADVERTISING, AND PROMOTION ACTIVITIES (1) The Contractor shall market, advertise and promote the Facility in order to maximize its utilization. Marketing, advertising and promotional activities may occur via Facility website, social media or other means with prior approval by the Parks and Recreation Director. (2) Contractor shall provide suitable signs at the Facility advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. E. OPERATIONS (1) The Contractor shall manage court usage, court reservations, and payment of court fees at the Facility according to City Ordinance, Section 14.04.013. Current fees approved by City Council and in effect at the signing of this agreement are provided in Exhibit B. (2) The Contractor shall at minimum, maintain the hours of operation as set by City. The Contractor may operate the Facility outside of the hours stated with prior written approval from the City. The current hours of operation are provided in Exhibit C. (3) The Contractor shall offer patrons a user friendly online court reservation system that, at minimum: a. presents no extra cost to players, b. provides reservation confirmation notifications, and c. captures zip codes, email addresses and phone numbers. (4) The contractor shall provide all equipment necessary for the Facility and Pro Shop. The contractor shall utilize a computerized cash register system. (5) The Contractor shall be responsible for any and all debts incurred by the operation of the Facility and shall allow no liens to be filed against City Property. 4 F. FACILITY IMPROVEMENTS/UPGRADES (1) Improvements and/or upgrades to the Facility will be at the sole expense of the Contractor and will become the property of the City upon expiration or termination of the contract. (2) All improvements or upgrades will require prior, written approval from the City. (3) The Contractor shall have the right to remove any personal property from the Facility upon expiration or termination of the contract. (4) The City reserves the right to require the Contractor to restore the Facility to its original condition at the Contractor's expense. G. FACILITY MAINTENANCE AND REPAIRS (1) The Contractor shall be responsible for all maintenance on the following items; a) conduct custodial duties to present a clean appearance of the Facility at all times; b) provide all custodial services and supplies for the Facility; c) maintain the tennis courts and Facility in good repair; d) clean and pressure wash all sidewalks and porch areas once a month; e) repair any physical damage to the facilities such as broken windows, wall damage, plumbing fixture repair, and minor toilet stoppage; f) replace all "burned out" lights in the Pro -Shop area; g) maintain clean and free of debris, inside the fenced area and area within twenty (20) feet of the Facility; h) provide replacement of worn, damaged nets and windscreens. H. REGULATORY (1) The Contractor shall fully comply with all laws, rules, regulations and orders of all local, state and federal governmental authorities which in any way relate to the Facility. (2) Contractor shall secure any and all licenses, clearances, permits and other certificates necessary to operate the Facility as may be required for Contractor's lawful operation, use, possession and occupancy of the Facility. (3) The Contractor shall pay the cost of all license and registration fees and renewals thereof. The Contractor shall display all permits in conspicuous location at the Facility. HEALTH, SAFETY, AND SECURITY (1) The Contractor shall be certified for CPR (Cardiopulmonary resuscitation), First Aid and AED (Automated External Defibrillator) training, shall maintain such certification throughout the contract term, and shall provide proof of certification upon the request of the City. (2) City has installed security equipment in the Pro Shop. The Contractor shall monitor the security service and handle all calls associated with this service. The Contractor will be responsible for monthly payments to the security service and any cost associated for false alarms. Should a loss occur of any nature, the City will not be held responsible for any contents, merchandise or cash on -hand. J. CASH HANDLING, DEPOSITS, AND RECORDKEEPING (1) The Contractor shall maintain a written cash handling policy which is subject to the approval of the City's Chief Financial Officer. During the term of this Agreement the Contractor shall establish and maintain separate records and accounts for the City facility, including a separate bank account relating to the operation of the Facility. (2) The contractor shall keep and maintain complete and accurate books and records necessary for the fulfillment of Contractor's obligations in accordance with generally accepted accounting principles (GAAP) consistently applied and in a form satisfactory to the City throughout the contract term and for four (4) years after expiration or early termination of the contract. (3) The Contractor shall keep and maintain books and records in sufficient detail to fully and properly document and account for all transactions which relate to the amounts reported to the City. (4) The Contractor shall install a computerized cash register system which shall record all sales or service transactions in a manner satisfactory to the City. K. REPORTING REQUIREMENTS (1) Court rental activity and attendance reports. (2) Log of all maintenance and service performed at the Facility. (3) Incidents or injuries at the Facility. (4) Copy of Internal Revenue Service annual tax returns pertaining specifically to Facility income. (5) Quarterly sales tax report. 8) CITY RESPONSIBILITIES A. During the term of the agreement, City shall be responsible for all maintenance on the following items, at its discretion : (1) HVAC systems including scheduled filter changes (2) Water heater (3) Fire alarm system (monitoring included) (4) Fire extinguisher annual inspections (5) Electrical breaker panels and circuits (6) Lighting control panel (7) Ballast replacement on light fixtures (8) Building structure (9) Roof system (10) Interior and exterior painting (11) Ice machine repairs (12) Plumbing system repairs such as sewer line blockage, flush valve repairs, water supply line repairs, facet repairs, drink fountain repairs (13) Parking lot lights (14) Irrigation system repairs and maintenance (15) Door hardware repair (16) Termite treatment (17) Fencing (18) Replacing light bulbs on the exterior, open courts and covered courts, as discussed below B. During the term of the agreement, City shall provide the following items: (1) A dumpster for trash services. 7 (2) One (1) telephone line for Contractor to conduct business. Contractor may add telephone and computer lines at its sole expense. (3) All utilities (water/sewer, electricity, gas, telephone) (4) Internet as it exists today with no guaranty for speed, availability and the like. (5) AED machine, located in bag below counter. C. Prior to the Possession Date, City will assess the facilities to ensure lights are working, nets are in good playable condition, windscreens are up and in good playable condition, all courts are pressure washed and free of debris, and overall facility is presentable and ready to be operated. D. During the term of the agreement, response time for work order requests will be within 48 hours during normal business hours which is 7:30am - 4:OOpm Monday through Friday. Within 48 hours time frame a City of Beaumont representative will assess the request to determine what will be needed to resolve the requested issue and give the Contractor an approximate timeline to complete the request. The timeline or completion of any work order request will depend upon material availability, delivery time for materials, and the scheduling of work with a contractor if needed. E. City of Beaumont staff will maintain the lights on all outdoor and covered courts at the Beaumont Tennis Center Complex according to the following guidelines: (1) Outdoor Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or there are at least a combined total of ten (10) or more lights out on all outdoor courts. (b) All work will be scheduled Monday through Friday between 7:30 a.m. and 4:00 p.m. (Saturday and Sunday excluded) (2) Covered Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or a combined total of eight (8) or more bulbs not working on all four courts. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. (b) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) fixtures not working on an individual court. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. (c) In the event all fixtures are not working on all courts or one individual court, personnel and equipment will be dispatched to the facility Monday through Sunday. 9) COMPENSATION A. Contractor shall pay City as follows: (1) Initial 5 Year Contract (a) Twelve months following execution of agreement: $0 per month (b) Year 2: $500 per month (c) Year 3: $750 per month (d) Year 4: $1,000 per month (e) Year 5: $1,000 per month (2) First 5 Year Extended Term: Upon exercising the option to extend the management agreement for an additional 5 year term, the Contractor will pay the City: (a) Year 6: $1,000 per month (b) Year 7: $1,500 per month (c) Year 8: $1,500 per month (d) Year 9: $2,000 per month (e) Year 10: $2,000 per month (3) Second 5 Year Extended Term: Upon exercising the option to extend the management agreement for a second additional 5 year term, the Contractor will pay the City $2,500 per month for Years 11-15. B. Contractor shall pay City 10% of all gross receipts from the sale of food concessions, tennis equipment and apparel. Contractor shall provide a monthly report from the point of sale system along with the payment by the 15tn of each month. 10)ASSIGNMENT This=agreement may not be assigned in whole or in part by either party without the prior written approval of the other party. 11)TERMINATION A. City or Contractor may terminate this Agreement for cause if either party defaults in the performance of any covenant condition of this Agreement. Prior to such termination City or Contractor must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice, the party giving such notice may terminate the Agreement by a ninety (90) day written notice. B. In addition to any other duties and obligations identified in this Agreement, Contractor shall have the following duties and responsibilities at the termination of this management agreement, whether occurring by normal expiration or as otherwise herein provided: (1) Contractor shall return the Facility to City in good and operable condition, as received at the inception of Agreement. (2) All Trade Fixtures or any other Contractor -owned property which remain at the Facility after the termination or expiration of the Agreement automatically becomes City property without the necessity of any further r notice or legal action. 12) INDEMNITY Contractor agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants, and employees from and against any and all claims, causes of action and damages of every kind, for injury to or death of any person and damages to property arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this agreement or from the operations and actions of The Striesfeld Group, its officers, agents and employees and specifically including herein any and all acts of negligence or omissions by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. 13) INSURANCE A. Contractor shall secure and maintain a comprehensive general liability insurance policy to include contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit per occurrence or its equivalent with an aggregate limit of $1,000,000. The City of Beaumont shall be named as an additional insurance on the policy. The comprehensive general liability policy carried by Contractor under this agreement is the primary coverage 10 in case of loss or damage related to Contractor's operation of the Facility. A copy of the policy shall be submitted prior to commencement of this Contract. B. Further explanation of insurance required and related terms is included in Attachment A. 14) AMENDMENTS This Agreement shall not be changed, amended or altered in any way except in writing and executed by both Parties. 15) ENTIRETY OF AGREEMENT This Agreement constitutes the whole of the understanding, discussions, and agreements by and between City and Contractor. The terms and provisions of this Agreement are contractual and not mere recitals. The City and the Contractor acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. This Agreement shall be binding upon the parties and their respective successors and assigns. 16) NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by email or certified mail addressed as follows: TO CITY City Manager 801 Main Street Beaumont, Texas 77701 TO COMPANY The Striesfeld Group, LLC 17901 Kings Park Lane Houston, Texas 77058 11 IN WITNESS THEREOF, this Agreement, consisting of pages is executed in duplicate counterparts as of this %� day of / 4!" _, 2016. CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager THE STRIES�F�EL GROLIP By: Eric Striesfeld, President 12 Insurance Information ATTAClliMENT A (Revised 4/1=3) INSURANCE SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION, and no officer or employee of the City shall have authority to waive this requirement INSURANCE COVERAGE REOURtED SECTION B. CITY reserves the right to review the insurance requirements ofthis section during the effective period ofthe contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof; at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s): 1. 2. 3. TYPE AMOUNT Workers' Compensation and Statutory Employer's Liability NOTE: For building or construction projects, and services provided at City -owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attachment. Commercial General (public) Liability including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments IL Professional liability* i. Underground hazard* j. Explosion and collapse hazard* lc Liquor liability* 1. Fire legal liability* M. City's property in Contractor's* care, custody, or control n. Asbestos specific liability* * Not required for this contract Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: a. Owned/leased vehicles b. Non -owned vehicles C. Hired vehicles Combined single limit for bodily injury and and property damage of $500,000 per occurrence or its equivalent with an aggregate limit of $1,000,000. Combined single limit for bodily injury and property damage of $500,000 per occurrence or equivalent Errors and Omissions Provide a prudent amount of coverage for the insurance policy willful or negligent acts or omissions of any (when applicable) officers, employees or agents thereof ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTORshall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificates) of insurance will contain and state, in writing, on the certificate or its attachment the following required provisions. a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the interest of each insured may appear) to all applicable coverage. b. Provide for 30 days notice to City for cancellation, non -renewal, or material change. C. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City ofBeaumont its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (3 0) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the banlmiptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City -Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110 As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply with the following provisions: Workers' Compensation Insurance Coverage A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Beaumont Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services onthe project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to aproject. "Services" does not include activities unrelated to the project, such as food/beveragevendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end ofthe coverage period, file a new certificate of coverage with the City of Beaumont showingthat coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City ofBeaumont: A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing services on the project; and No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. - The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter, 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subjectthe Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beaumont As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as: 1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling, extending, repairing, or demolishing a structure; or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT To be Completed sy .Appropriate Insurance Agent :.. and subinitted with bid proposal. I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified of such award, fiarnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent (Signature) Name of Agency/Broker: _ Address of Agent/Broker: . City/State/Zip: Agent/Broker Telephone #: CONTRACTOR'S NAME: Agent (Print) (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable'for breach of contract If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720. CERTIFICATE OF INSURANCE Form No. COB1 Edition Date: 12/12/2012 '. LOW, Page 1 of 3 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: City of Beaumont Reference: NI. Name and Address of Insured: I Prime or Sub -Contractor?: Name of Prime Contractor, if different from Insured: Project Name: Project Location: Managing Dept.: Project Mgr.: Insurers Affording Coverages: Insurer A: Insurer B:. Insurer C: Insurer D: TY?E-PH NSURANCE PALICY':": POUCY.EFF DAT)= P.OLJ6YEXB LIMITSOFLIABILMY " NO (M.M/DD/YYYY).. (M1M0;ffyYY) Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: Completed $ ❑ Yes ❑ No — Completed Operations/Products Operations/ Products Aggregate Yes ❑ No — Contractual Liability [I Yes & Advertising Injury $ Deductible or Self $ El Yes El No — Explosion Insured Retention CERTIFICATE OFINSURANCE Form No. ooa1 Edition Date: 12n2/2012 �----'� puoeumz RAN IMITS..'OFLIABIL 0 Yes 0 No — Aggregate Limits per Project Form CG 2503 Pollution I Environmental Occurrence $ Impairment Policy Aggregate $ Auto Liability Policy CSL $ As defined in the Policy, Bodily Injury $ does the Policy provide: (Per Incident) • Yes D No — Any Auto Bodily Injury $ (Per Person) • Yes LJ No — All Owned Autos Property Damage $ (Per Accident) Excess Liability Ei Umbrella Form Occurrence $ Aggregate $ 0 Excess Liability Follow Form Workers Compensation & 0 Statutory Employers Liability As defined in the Policy, does the Policy provid Each Accident $ Policy Limit Each Employee Is a Builders Risk or $ Installation Insurance Policy provided? 0 Yes 0 No 0 Yes 0 No Is the City shown as loss payee/mortgagee? Professional Liability As defined in the Policy, T-1 T_ Each Claim $ does the Policy provide: 0 Yes 0 No — 30 Day Notice of Cancellation Deductible or Self $ Retroactive Date: Insured Retention -O%w CERTIFICATE OF INSURANCE Form No. COB1 Edition Date: 12/12/2012 UU9 s Page 3 of 3 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number (including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: City of Beaumont P. O. Box 3827 Beaumont, Texas 77704-3827 DATE ISSUED: AUTHORIZED REPRESENTATIVE SIGNATURE Licensed Insurance Agent Printed Name: RFP INFORMATION SHEET Management, Maintenance, and Operation of the Tennis Center Located in Beaumont, Texas RFP NO. PF0216-08 PROPOSER INFORMATION. Com any Name p STiz l CS ft-vo SPbat1 ! `i- �N-1 r?- TA /i JMCA- 1-r- NC 5-Tf,eJ// lei 6.LL L.. Proposer's Name In Printed Form PROPOSER'SC�`� SIGNATURE (Signature REQUIRED for RFP to be accepted.) Proposer's Title 611, Company Physical Address n 1 o t je til 9 r ag a jc• IN street] L�AJ City State Zip Code Company MailingAddress SA��J t Street or P.O. Boa City State Zip Code Company Telephone Number Alternate Phone Number Company Fax Number / V I A E-mail Address �I v 1 S? X o W t t OVA 1460. Ol m _17_ PROPOSER'S INFORMATION SHEET RFP NO. PF4216-08 INSERT PROPOSER'S INDIVIDUAL AND/OR COMPANYNAME.- 1. Kind of Company (check one): ❑ Corporation ❑ Partnership ❑ Sole Proprietor If corporation, please list names and addresses of three (3) top corporation officers. If partnership, please list names and addresses of partners. Include Federal TaxFD. Number. 3Z l U' Name Address Name Address Name Address 2. Number of years in operation: 0- 3. Gross Revenues of past two (2) years: $ 2JUIT-1, 6 0111 lur zol q - ) i l ►Yi,11,n, 4. Largest dollar amount of contract currently in effect with a business: $ 11 d 60, 6M, 5. Current number of employees: KMIM—f- 1011 S j to .; Z M h,.,-i It17 ryjq ,F -18- 6. Number of employees to be assigned to this project: 7. Telephone number answered Monday —Friday, 8:00 AM — 5:00 P.M.:� S. IN CASE OF EMERGENCY: ContactName(s);1ek c� Contact Phone Number(s):� 9. Has your organization ever failed to complete any work that it was awarded? Yes No If Yes, please provide explanation. 10. Provide information concerning any judgments, claims arbitration proceedings or suits filed as a result of demolition projects performed. NIA -19- 11. Has your organization (including owners, partners, and or officers) ever been put on probation or disbarred from doing business with ANY governmental agency? If so, please list organization, time, and length of disbarment or probation. (Failure to provide this information may result in the City not awarding the contract to your company). Yes No—X. If marked Yes, please list required information below: EQUIPMENT LIST 12. List equipment to be used by your company for this operation_ bu 1 I -20- 13. EXPERIENCE/REFERENCES: List four (4) businesses for whom your company has successfully provided similar services. List a contact name, address and phone number for each project. REFERENCE NO..1 Company Name: � 6w L -Dircove 114TIPAYRO 6e4io Address: iT[ 1 It t,0 J W iL L N HVIlbn, _Bt- 7 d 57 mm Contact Name: ' u w)_ Telephone: _V 2 6 1 b -r? 03 REFERENCE NO.22 �� Company Name: 'J j �-hib 0 ��ftlei 1/' U!/ZTP Address: 15��� 1 Contact Name: ��� �S V �a Telephone: REFERENCE NO.3 ,, } /` Companyme Na: (�1 p i Lt-tf i� 4 L i ( 1.v�._n �-�-- PWILank;�7�- a7?-5_F - -- --- - _.. ;- Contact Name: 8t, Ph �►�' Telephone: REFERENCE NO-� Company Name: _ 1ri 1 �'I I I bW� y f e,,146,- Address: 6JI S_ kl7I+nej Pa - Contact Name: hn HAS e j 6 A -4)/ & 41 Telephone: ! 9 V_ -21 - BID SHEET CONTMED DATE OF DELIVERY AFTER RECEIPT OF ORDER: ►. _:::►u Receipt is hereby aelmowledged of the following addenda to the Specifications: Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received DOES YOUR BID MEET SPECIFICATIONS? YES NO, iF NO IS INDICATED, ATTACH SHEET INDICATING EXCEPTIONS_ PLEASE CHECK THE FOLLOWING THAT WILL APPLY TO YOUR COMPANY: Ownership of Fin (51 % or more)_ Non-Mmonty Hispanic Black Other Minority (please specify) - Female Owned A Handicapped Owned Small. Business (less than $1,000,000 annual receipts or 100 employees) � CERTIFICATE OF /CORPORATE BIDDER I ef-1 C M MtS- IA _ CERTIFY THAT I AM awns t-V- F WOA J,�) mil . (title) OF THE CORPORA TIONNAMED AS BIDDERIIEREIN; 713AT WHO SIGNED THIS BID ON BEHALF OF TIE BIDDER, WAS TBEN (title) OF SAID CORPORATION; THAT SAID BID WAS DULY SIGNED FOR AND ON BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS GOVERNING BODY AND IS WITHIN TBE SCOPE OF ITS CORPORATE POWERS�1�� . SIGNATURE OF OFFICER a, c M. ' lun2f d TYPE OR PRINT NAME D A,*ViA6 Me,116V TITLE OF OFFICER - 23�. BIDDERS The undersigned affirms thafthey are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any otherBidder, and thatthe contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business priorto the official opening ofthis bid. Vendor n� SfirieS{GI Gti� Address � 1 o Wi nji U qLN Bidder j (Signature) BidderLIL (Print Name) Position With Company Dwn o'-XA#�� 'f [MA A - (Title) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by t1.B.1491, 00th Leg., Regular Session. OFPCE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code bya person Daps Received who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthis questionnaire must be filed with the records administratorofthe local governmental entity not later than the 7th business day afterthe date the person becomes aware of facts that require the statement to be filed. See Section 176.006, LocafGovemmentCode. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense underthis section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day afterthe date the originally filed questionnaire becomes Incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Govemment Code. Attach additional pages to this Form CIQ as necessary. A. is the local government officer named in this sectio r iv ng o likely o ceive Taxable income, other than investment income, from the filer of the questionnaire? Yes E-1 No V B. Is the fifer of the questionnaire receiving or likely to ceive taxa bit Income, other than investment income, from or at the direction of the local government officer named in t s section AND the taxable income is not received from the local governmental entity? Yes a No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes Q No D. Describe Bach employment or business relationship with the local government officer named in this section. qhbt -24- business with the governmental entity Date Adopted 06129/2007 STATEMENT OF CM CHARTER GENERAL CONDITIONS OF BIDDING PROVISION ON CONFLICT OF INTEREST (Revised 3/13113) The following provisions were adopted in an effort to avoid FAILURE TO COMPLY WTTH THESE GENERAL potential conflict of interest with prospective bidders and City CONDITIONS OF BIDDING MAY RESULT IN THE BID employees or officers in the awarding of City contracts: BEING DISQUALIFIED. 1. No officer, elected or appointed, or other employee of the 1. BIDDING: City shall have a financial interest, direct or indirect, or by reason ofownershipofstockorshare exceeding one percent A. All bids must be on blank forms furnished by tho (1%) in a business entity contracting withthe City. Nor shall Purchasing Division, and must be written in ink or by such officer or employee be financially interested, directly typewriter. Pencil quotations will not be considered. or indirectly, in the sale to the City of any land, materials, The bid must be executed personally bythe bidder, or if supplies or services from such business entity, except on executed by an agent; a power of attorney or other Aehalf of the City in his official capacity as an officer or evidence of his authority to act on behalf ofthe bidder employee. must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed 2. Any willfal violation of this provision shall constitute' under the corporate seal by some duly authorized malfeasance in office and any officer or employee guilty of ofthe corporation other thanthe officers signing thereof shall thereby forfeit their office or position. the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the 3. Any violation ofthis-section with the knowledge expressed specifications. or implied ofthe person or business entity contracting with the City shall render the contract involved null and void. B. TRAE dt: DATE: Formal bids must be in the office of (Beaumont City Charter, Article XVIL Section 9.) the City Clerk by2:00 P-M. local time, on the day bids are due, unless otherwise specified; an early postmark 01, f'-1(t 1 F ffiL i) (name) have will not suffice. Be sure you have allowed ample time read and hereby understand the aforementioned Beaumont City for postal delivery. The City will not be responsible for Charter provision prohibiting conflict of interest between City the delivery of your bid to the office of the City Clerk. employees or officers and prospective bidders in the award of If you choose to send your bid by postal delivery then City contracts. I affirm, to the best of my knowledge and belief, it is recommended that you call the City Clerk's office that there is no conflict of interest between the herein stated to verify receipt of your bid prior the bid opening. person or business entity and any City officer or employee if a Formal bids may NOT be fazed or e-mailed. City contract is awarded. I further state that I have no outside interests that conflict or suggest a potential conflict of interest Informal bids are due at the date and time slated in the with the City.I understand that knowledge, express or implied, or bid document. Informal bids may be faxed' concealment of such material fact could nullify and void any ' such City contract awarded. C. VRTEDRAWAL OF BID: A bidder may vrithdrawhis proposal before Council acceptance of his bid without If I am awarded this contract, I herein agree to report prejudice to himself by submitting awritten request for promptly any further situation that might involve or appear to its withdrawal fo the City Clerk involve me in any conflict of interest with the City. D_ Bids should shownetpriees, extensionsand ncttotal.In �HA SIGNED this the 2 "` day of APO t L , 20 1 6 case of conflict between unit price and extensions, the unit price will govern. H. No change in price will be considered after bids have Name been opened. F. Unless otherwise specified, any catalog or manufacturer's reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type, style or quality of material desired. If a bidder quotes on an article other than the one specified, which he considers comparable, the name and grade of said article must be -25- CITY OF BEAUMONT INSURANCE liL'Qi'IRE:lilr:tir.kFFIDrI�"r'r To be Completer! By Appropriate Insurance Agent and submitted %ith bid proposal. I. the undersiguned Agent;Broker. ceriifi' thatthe insurance requirements contained in this bid document have been revietretl by the with die helm% idemilied Contractor. If -the below idraliti--d Contractor is amarded this contract by the Vity of Beaumont. I will be able to. within ten (1 n) dais after being mified of such award. rurnish a Valid insurant e cerliiicate to the City mcetins+ all orthe requirements defined is this bid. Gan Knafman Agent iSignitury - Agettt (print) \.Lute of :kaent�v'Broker. Galveston lusurauce Associates Address afA�cna<'riroker: PQ Bo-,16767 Citplstate•Lip: Galveston, TX 77557 Agem/Broker Telephone t 409 I 7dt)-1351 CC)\'TRAC9"Oius \A,MI:: The Striesfeld Group LLC (Print or'1'ypel 11 YOTL•' TO AGF,NTMROKER 11 Ifthis #ime requirement is not met. tlne C'in has the right to int atitlatc the hid alvatxl and arat ti dte contract to theIcttrest biddermet ring spec ifications. Should an atyardcd the be invalidated the C'ontractorma� be liable fttr breach ofeontract. It'you have an} t)ttestions crnlcertling these requircnunts. please contact [hc Purchasing �lanagcr far the C'it� of ti umnnt a! (IU9) 8.`30 "t72 3.1- Eric M. Striesfeld 2314 Pasqua Trail League City, TX 77573 Cell: 832-428-5048 E-mail: tennisproeric@yahoo.com Work Experience Owner- The Striesfeld Group, LLC 2009— current Bay Area Racquet Club • Oversee a staff of over 50+ contract teaching professionals and administrative staff. • Increased Revenue five -fold since acquiring club. • Developed and sustained reputation for high quality customer service, high level professional instruction, and player friendly program initiatives. • Implemented Junior Academy programs that serves over 200+ students monthly. • Developed over 100+ Champ/Supers junior players in this short time: Satellite Locations Expanded program to city of Friendswood (2013), City of League City (2013) • Management of Tennis operations for Chancellors Family Center since June 2013. • Increased program revenue five -fold since assuming contract. • Sustained membership growth and player satisfaction • Created Pearland Tennis Academy in Pearland, TX contract w/ Pearland ISD (2016) Tournament Direction • Earned USTA bids to host Challenger, CM7, and USTA Open Sanctioned Tournaments. • Directed $5K Prize $ Tournaments and successful sponsor retention Tennis Club Consulting • Served as Tennis Consultant for Houston JCC August 2009— December 2009. • Monitored transition of staff • Advised management of staff and program needs. • Provided detailed guidance on how to continue success of tennis department Director of Tennis; Executive Staff —Fitness & Tennis Jewish Community Center Houston, TX 2002-2009 • Developed and Implemented construction of (6) Indoor courts and (4) outdoor courts. • Created membership type structure for both fitness and tennis operations. • Increased Tennis membership from zero units to over 300+ units • Increased Fitness membership by 250+ units in 12 months. • Implemented a pro shop to service members tennis needs (apparel, racquets, etc.) • Worked directly with tennis committee to best serve member needs and desires. • Raised over $500,000 in funds for construction projects and tournament efforts. • Developed entire array of tennis programming initiatives from youth to adults from clinics to camps. • Served as model for other JCC's across the country on how to manage tennis operations. • Directed International Maccabi Games Tennis Tournaments Education BB.A. Marketing 2002 Sam Houston State University Huntsville, TX GPA 3.67 Accolades Selected as 2007 USTA National Team Coach-14's in Raleigh, North Carolina Selected as 2011 USTA National Team Coach-16's in Waco, Texas (finished 2nd) 5 time TAPPS State Champion coach with Houston Emery Weiner— Boys Team 2005-2009 2015 US SBA Emerging Leaders Program Selection and Program Graduate Striesfeld Sports & Entertainment Executive Summary Striesfeld Sports & Entertainment is the premier Tennis Management Company in Texas, resulting in complete program and player development; successful facility management & operations; innovative community tennis outreach, and a sustained positive economic impact on the surrounding communities. Company Owner Eric M. Striesfeld serves as founder and prepident of Striesfeld Sports & Entertainment as well as The Striesfeld Group. Eric has an intense tennis background that provides a depth that most owners cannot replicate. From being a Nationally Ranked College Player (1997) to coaching a NCAA Division I College Tennis Program ($am Houston State University Asst. Coach 2001-02); Eric has worked at every level of the tennis teaching profession. Eric earned a BBA in Marketing from SHSU in May 2002, graduating magna cum laude with a grade point average of 3.67. As the youngest Tennis Director in Houston, TX at 23 years of age Eric transformed a Jewish Community Center (JCC) tennis program into a powerhouse. With two capital construction projects, thousands of annual tennis campers, and a full service tennis operation grew into a nationally recognized program amongst all JCC's across North America. Eric advised JCC's from San Francisco, California to Austin, TX about the �f necessary steps they should take to ensure a successful tennis operation in their community. Eric was promoted to the level of Executive Staff and also directed the renovations and growth of the $2 million Fitness Center expansion project. This same competitiveness Eric brings to the court was brought into the college classroom and brought to the JCC Houston, & this has transferred into the sustained success of The Striesfeld Group since its inception in 2009. Eric creates a long term vision for the complex/city. His track record indicates he can see what others cannot. Eric understands and has the hands on experience for every step it takes to build and grow a long term sustainable complex and full service tennis program/facility. Tennis Club Ownership In July 2009, The Striesfeld Group purchased Bay Area Racquet Club in the SE Houston, Clear Lake community. TSG took a dilapidated facility and has transformed this property into a tennis gem in the community. Annual revenues have increased by over 10X from original figures. Property value has increased more than 5X the original value due to the significant and solid business structure practices and overall philosophy we embrace every day! This company has perfected its business practices and understands what it takes to grow tennis and create, build, and sustain a positive and energetic facility! From hiring practices to management depth, TSG has created a powerful understanding of what steps to take from the planning stages to procurement of the contract to successful operations of the complex. 2 Tennis Program Management In May 2013, The Striesfeld Group signed a management contract with Chancellors Family Center. TSG provides all tennis professional staffing, management and oversight; provides all program services, program vision and management, program and staff - structure, and pro shop services_ TSG has re -built the club infrastructure and annual tennis program revenues have increased by over 500% growth in only 24 months! Membership is growing at a rapid pace and Chancellors Family Center has turned a financial corner and has renewed sustainable resources for long term growth. In August 2014, The Striesfeld Group signed a management contract with King Daddy Sports Tennis Academy in Houston, TX. King Daddy Sports has developed hundreds of NCAA College tennis players and has been a force in junior development in Texas for nearly 20 years. We have made the necessary program development adjustments to provide a new and improved academy programming that will serve as the premier program for years to come. Players have signed scholarships to play for Texas A&M, Alabama, University of Texas, Harvard, Columbia, and dozens more prestigious universities across the country. City and School Agreements/Contracts The Striesfeld Group has current contracts with the following municipalities and schools or school districts to run tennis programming and grow community and/or school tennis. - Pearland Independent School District - The City of League City - Friendswood Independent School District Lutheran South Academy Trafton Academy - Bay Area Christian School USTA Programs The Striesfeld Group under our Bay Area Racquet Club brand has spent tens of thousands of dollars going into the community schools to introduce and teach children our sport. The purpose is to create awareness, build interest, and create the opportunity for children to build their passion and excitement for tennis. 3 The Striesfeld Group under our Bay Area Racquet Club and King Daddy brands have the largest junior team tennis (JTT) program in Houston and the state of Texas with numbers that can reach nearly 200 players per season. Bay Area Racquet Club has qualified a team each of the past 5 years to the JTT National Championships tournament (held annually in October). Tournament Direction Services The Striesfeld Group runs 18+ annual USTA Sanctioned tournaments including Challenger and CMZ major qualifying tournaments. Annual Prize Money Tournaments and additional non -sanctioned tournaments enhance our tournament schedule to surpass over 36+ annual events/tournaments. We have a complete offering of novice and introductory tournaments to help grow tennis as well. Philanthropy We run multiple annual Fundraiser tournaments securing hundreds of thousands of dollars to help provide college scholarship opportunities for deserving youth to continue their education and also provide financially challenged families the opportunity to participate in tennis camps and programs within our organization. 0 Business Plan A. City of Beaumont Current price schedules and pricing policies Per the desire of the City of Beaumont, all initial operations „of this complex will be in accordance within the guidelines and current court fee rates and annual complex membership fees. Striesfeld Sports and Entertainment would encourage the city to consider any or all of the below concepts to best accommodate and encourage the community to be more active at the Beaumont Tennis Center. FREE Court time opportunities on designated days and/or times to focus on management opportunities to meet new, prospective citizens to be active players at the complex. Expanded or Modified "Annual Passes" or "Membership" that would provide additional benefits or amenities as well as discounts on programs and lessons, etc. The above items can be discussed further upon the signed contract and we can work together in the best interest of the citizens of Beaumont! Hours of Operation Striesfeld Sports & Entertainment will conduct research with current participants and review current bookings to determine the best hours of operation as we move forward. Based on the existing times, SSE would add staff to always have an administrative staff or representative at the complex at all operating times. This is essential to provide a high level of customer service, proper facility security, and allow for long term growth. Monday- Friday 8:OOa.m.-9:30p.m. Saturday 8:O0a.m.-6:OOp.m. (Expanded hours with events) Sunday 12:OOp.m.-6:00p.m. (Expanded hours with events) B. Employee Qualifications and Staffing Plans The management team of Eric M. Striesfeld and Ramon Gomez will lead the staff team at the Beaumont Tennis Center. As the operations mature, key tennis staff will include, but not limited to the following: Academy Director- focus on junior programming initiatives (junior academy, summer & holiday camps, junior team tennis, junior match' play & more!) Adult Tennis Director- focus on adult programming initiatives. (team drills, drop in drills; mixers, leagues, lessons, and much more!). Tennis Professionals- USPTA/USPTR certified tennis professionals who share the passion and customer first philosophy will join the staff team to provide high quality lessons, assist in programming efforts, events, and much more. 5 I C. Tennis Related Services and Amenities Comprehensive Junior Academy programming schedule 6 days per week for students ranging from age 3 to your state/Nationally ranked players. o TSG has started multiple academies from the ground up and have grown to provide classes to over 300-} students per session. o Programs are clearly defined to tailor the teaching to the specific level of player for the utmost player development and positive learning environment. - Summer and Holiday Tennis Camp Opportunities o TSG has developed tennis camps for all levels and ages. We proudly serve over 2,000+ weekly campers each summer at our various locations. Community Outreach Programs o TSG will partner with Beaumont ISD to go into the elementary schools to provide tennis instruction during physical education classes to properly expose youth to the lifetime sport of tennis. In most districts the budgets have been cut, so we allocate financial resources to compensate our staff to provide this service and exposure to all students in the community. A formal school year schedule is made in coordination with district physical education teachers with approval from the Athletics Director. Clear Creek Independent School District (CCISD) has fully embraced this opportunity and the PE teachers are very appreciative! o Outreach to Churches and Congregations. Adult Drill Opportunities o A weekly schedule for the complex (morning, evening, and weekend) will include a range of dedicated drill days to be designated as drop in option or by reservation only. o Private drill groups are very popular amongst ladies teams and/or set doubles partners or teammates. USTA Junior Team Tennis Program (JTT) o Fall, Spring, and Summer league teams will be run out of the Beaumont Tennis Center. We will grow this youth program to the entire golden triangle and will introduce families and students to match competition in a positive, non -confrontational method. JTT is a fun, team building program within an individual sport. We capture the team approach with bright junior friendly team shirts and players create life long bonds with teammates and families. Our rich history in JTT National level success lends to our understanding of how to grow a team, develop the player skills, and bring them to the finish line as Texas Section Champions! - USTA Sanctioned and Non -Sanctioned Tournaments o Beaumont Tennis Center will become host to 24+ annual tournaments and events within the life of the contract. These events will bring the community L additional hotel room sales; food & beverage sales; and all of the additional benefits of having hundreds of tennis families in the city of Beaumont multiple times every month! o We will submit and secure bids to host large events and enhance the visibility of the Beaumont Tennis Center. - Secure Tennis Coaching Contracts with Private Schools o We have a tremendous history and track record of State Championships. This success and dedication to the schools/team and high level of coaching will be imperative for the Beaumont private schools to secure our services. Ball Machine Rental Opportunity o We will offer a $4,000+ Playmate Commercial ball machine for rent by citizens. They will reserve the ball machine court when reserving in advance or dropping in to rent the machine. - Private Tennis Lessons o Private lessons will be offered by our certified teaching Professionals or designated tennis staff. Citizens can reserve their lessons by contacting the tennis center and/or the professional staff directly. D. Merchandise and Pro Shop Services Pro Shop o Striesfeld Sports & Entertainment will offer a comprehensive product line to satisfy all racquet, stringing, shoes, and apparel needs. o We hold contracts with companies such as, but not limited to: Babolat, Wilson, Head/Penn, Prince, Fromuth, Gamma, and many more vendors. o We will specialize in 24 hour turnaround or quicker stringing service. o All prices will be competitive and/or will beat online internet pricing to best serve the Beaumont tennis market. o We will offer close out and special discounted items each quarter to provide ample opportunities for everyone to purchase from the shop. o We will offer Academy hats, shirts, and accessories such as grips, vibration dampeners, wristbands, headbands, socks, and much more. o We will become the one stop shop for tennis players in the Golden Triangle and we will be able to special order anything for anyone at any time! Snack Bar and Beverages o SSE will provide a comprehensive bottled beverage option for purchase as well as a variety of snacks and quick player friendly options. These items will be sold through the member services staff at the desk at all times. There will not be any vending machines on site. The offerings can expand for event purposes and as the traffic patterns increase at the complex. 7 E. Communications Quarterly Newsletter o Striesfeld Sports & Entertainment will provide quarterly printed and emailed Beaumont Tennis Center newsletters. The purpose of this will be to properly educate citizens of the amenities and programs being offered, encourage their participation, create a greater sense of community at the complex, and also to highlight accomplishments of active participants! F. Fundraising/Scholarships Eric Striesfeld grew up in a blue collar, hardworking household. Eric's mother was a special education teacher (retired after 25+ years of dedicated service) and his father worked either in jewelry or in the local convenience store (whatever it took to put food on the table). I was not a product of the typical tennis playing family. This upbringing lends a unique prospective to the position. o SSE will host a minimum of 1 annual event to help raise scholarship funds that will be directly provided for youth in financial need to'enroll in junior tennis programs at the Beaumont Tennis Center. o SSE will provide opportunities for tennis families to support an annual junior facility member to help foster the love for the sport and provide the opportunity. o SSE will offer Summer Camp scholarships each year, including, but not limited to the scholarships below: (quantity determined by fundraising efforts). ■ underprivileged youth in the Beaumont community N diversity on court minority camp scholarship ■ female camp scholarship ■ male camp scholarship First Responders Family Discount Membership opportunities - Beaumont ISD & Military Family Discount Membership opportunities Revenue Sharing Plan Striesfeld Sports & Entertainment will assume all labor responsibilities from the city, unless otherwise mentioned by the city's role in the RFP. Revenue Sharing Overview The below plan will compensate the City of Beaumont over $550,000 in total rent over the life of the contract. The rent, in conjunction with the approximate annual savings of over $150,000 per year of current fixed staff costs; by agreeing to this proposal the City of Beaumont will SAVE over $4+ million over the life of the contract (not including inflation/raises). A. Initial Contract Term = 10 years a. Year 1: $0 monthly rent b. Year 2: $500 monthly rent c. Year 3: $750 monthly rent - d. Year 4: $1,000 monthly rent e. Year 5: $1,000 monthly rent f. Year 6: $1,000 monthly rent g. Year 7: $1,500 monthly rent h. Year $: $1,500 monthly rent t i. Year 0: $2,000 monthly rent j. Year 10: $2,000 monthly rent (1) Renewal Term= 10 years a. Years 11-15: $3,000 monthly rent b. Years 16-20: $4,000 monthly rent Evidence of Financial Capabilities Striesfeld Sports and Entertainment is committed to the funding of this project to ensure long term sustainable success for the City of Beaumont and its citizens! - Company Line of Credit o My company currently has a $350,000 line of credit through Comerica Bank. o This line of credit can be drawn on and funds transferred in the same business day if required. Transfer of Funds o We will create a separate business account for the management of the Beaumont Tennis Center_ o Upon agreement of the contract, we will transfer up to $100,000 as required in liquid funds to our Beaumont Tennis Center account to provide initial operating capital. CPA and Bookkeeper o As is done with all of our current business operations we will have our bookkeeper and CPA working diligently with the Beaumont Tennis Center monthly figures. 10