HomeMy WebLinkAboutCC AG PKT 2004-05-24 #CC AGENDA REPORT
DATE: May 24, 2004
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: AUTHORIZATION TO SOLICIT REQUEST FOR
PROPOSALS RE: COURT MAINTENANCE AND FACILITY
MANAGEMENT OF OLD RANCH TENNIS CLUB FACILITY
SUMMARY OF REQUEST:
The City Council to direct staff to solicit request for proposals re: court maintenance and
facility management of the Old Ranch Tennis Club Facility.
DISCUSSION:
Last year, the City Council directed staff to obtain proposals from private tennis facility
operators who would be willing to lease the Old Ranch Tennis Club from the City. The direction
of City Council included finding a lessee, who would provide operation and maintenance of the
tennis facilities at 3901 Lampson Avenue, as well as accommodate public use while preserving
the facility's current private uses. In addition, the City Council also desired to find an operator
willing to provide for the necessary public improvements to the property such as ADA and
building requirements.
Through an extensive search, advertising on -line and through tennis trade sources, the City
issued over 60 Request for Proposals (RFP) to interested parties. The City received two
responses to its RFP. Neither proposal met the requirement to invest in the capital improvements
needed to upgrade the facility for public recreation uses. In addition, each proposal did not
contain certain pertinent or accurate information to conduct a fair assessment of lease plans for
the City.
After in -depth evaluation of the two proposals and discussion with industry professionals, staff
determined that it would be in the City's best interest to reject the bids and request that City
Council direct staff to re -bid the project. Staff also contacted many of the non - respondents to the
RFP to research their reasons for not submitting proposals. The overwhelming comment was
that the requirement to providefor public improvements to the property was cost prohibitive.
The potential respondents expressed interest in submitting proposals if the City were to solicit for
the facility operation and court maintenance only. Since the RFP's were originally issued, the
City has received calls regarding other potential parties who would be interested if the city re-
solicited its RFP's.
Agenda Item C C
May 24, 2004
City Council Agenda Report — Request for Proposals re: Court Maintenance and Operations of
Old Ranch Tennis Club Facility
Page 2
The following briefly addresses several issues of concern relative to the original direction to
solicit for RFP's. One issue is operating the tennis facility to accommodate public uses while
preserving the current private club use of the center. The City Attorney has expressed a legal
opinion that it is unlikely that the City has the authority to operate a private tennis club, given
that there is no express authority for the City to do so, and the operation of the club does not
appear to fulfill a public purpose. The City may have authority to operate a "hybrid ", combining
public and private uses, but the greater the private component, the more likely a court would be
to find that the City is without authority to operate the club. It is possible that the club could
have some private component, if the private aspects were "incidental" to the public use of the
club. The City's legal authority to operate the club will be less susceptible to successful
challenge where the public aspects outweigh the private components. It is likely that the City
could allow a private organization to rent out the club, tennis courts at the club or rooms at the
club, for specified periods of time, provided that these events did not significantly interfere with
the public's use of the facility, and that the City did not favor or discriminate against any
particular group. Keeping this in mind, the RFP will request information from potential lessees
for fees and program structures to operate the club as a public facility, provide for residents and
non - resident use, youth and senior use as well as information regarding a tier for premier or
annual/seasonal fee use for reserved periods of time. As identified in the previous RFP, the new
RFP also requests the potential lessee identify fee and program information regarding
tournaments, tennis instruction, etc.
The other main issue that will need to be addressed in the near future is the necessary
public /capital improvements to the property. Public Works provided a preliminary estimate
several years ago of approximately $250,000 to bring the facility into ADA compliance.
Recently, the City contracted for a citywide public facility evaluation, including the tennis
facility. In addition, staff also had the City's insurance authority review the building for public
facility liabilities. Preliminary reports indicate that the cost of necessary improvements to the
property will far exceed the original estimate. In addition, the City will need to budget for
ongoing maintenance of the facility including landscaping, utilities, etc. Staff has not received
the consultant's written report on the condition of City facilities. When the consultant's final
assessment report is submitted, staff will provide a proposed public improvement and
maintenance schedule for City Council to consider. Currently, funds have not been allocated for
these items in the proposed two -year budget. Part of the City Council's consideration will be to
determine what proportion or all monies that accompany the property will be allocated for the
tennis center and if general funds will be used for such purposes.
There is adequate time to request new proposals before the dedication of property to the City in
September 2004. Staff anticipates completing the RFP process and evaluation in July. The
selection of a lessee and allocation of funds for capital improvements can occur in late July /early
August. In addition, staff has had contact with the current owner, Bixby Ranch Company
regarding some flexibility on the dedication date. .
FISCAL IMPACT:
Minor expenses are associated with this action.
May 24, 2004
City Council Agenda Report — Request for Proposals re: Court Maintenance and Operations of
Old Ranch Tennis Club Facility
Page 3 .
RECOMMENDATION:
It is recommended that the City Council direct staff to solicit new Request for Proposals
for the Court Maintenance and Facility Operations of Old Ranch Tennis Club Facility.
Submitted by:
J e Yots / a, As . stant City Manager
NOT ,1 AN /APPR VE
di
John Bahorski, City Manager
CITY OF SEAL BEACH, CALIFORNIA
RECREATION AND COMMUNITY SERVICES
DEPARTMENT CONTRACT
FOR
FACILITY MANAGEMENT OF OLD RANCH TENNIS
CLUB /CENTER
REQUEST FOR PROPOSALS
RFP # 6-1
JUNE 2004
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INVITATION
The City of Seal Beach seeks an experienced lessee to operate and manage
the Old Ranch Tennis Club /Center facilities located at 3900 Lampson
Avenue. The City is looking for a qualified operator to provide top rated
tennis services, pro shop and clubhouse management. If you have tennis
center facility maintenance and operation experience, we invite you to
respond to our Request for Proposals. Should you have any questions
concerning the enclosed package, please contact the City Manager's Office
at (562) 431 -2527, ext. 308 or by email at jyotsuya @ci.seal - beach.ca.us.
June Yotsuya
Assistant City Manager
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TABLE OF CONTENTS
SECTION PAGE
RFP General Information
1. Request for Proposal Process 1
11. Purpose 1
111. Schedule 1
IV. Background 1
Instruction to Proposers
I. Deadline for Submission 2
11. Questions 2
1111. Examination of Documents 2
VII. Proposal Acceptance and Rejection 2
V. Price Proposal Criteria 3
VI. Technical Proposal Criteria 3
VII. Acceptance of Proposal Content 3
VIII. Proposal Expenses 3
IX. Proposer Review of Existing Operation 3
Contract Information
1. Contract and Term 4
11. Method of Payment 4
III. Lease Insurance Requirements 4
IV. Performance Bond and Personal Guaranty Requirements 6
V. Pollution Prevention Requirements 6
VI. Utilities 7
VII. Court Fees and Charges 7
VIII. Records and Audits 7
IX. Force Majeure 7
X. Termination 7
XI. Non - Discrimination /Equal Opportunity 7
XII. Assignment 7
XIII. Independent Contractor 8
XIV. Noise Ordinance 8
i
Scope of Services
I. Hours and Days of Operation 8
II. Maintenance 8
III. Minimum Staffing. On -Site Manager 8
IV. Operator Responsibilities 8
V. Facility and Maintenance Responsibilities 10
Evaluation of Proposals and Award of Contract
I. Comparative Evaluation Criteria and Standards 10
II. Award of Contract 11
Attachment A -Price Proposal Form 13
Attachment B- Technical Proposal Form 15
Attachment C- Statement of Personal History 17
ii
CITY OF SEAL BEACH, CALIFORNIA
RECREATION AND COMMUNITY SERVICES
REQUEST FOR PROPOSAL - # 6 -1
OLD RANCH TENNIS CENTER
FACILITY MANAGEMENT
RFP GENERAL INFORMATION
I. REQUEST FOR PROPOSAL PROCESS: The City desires to retain the services
of a management firm with the appropriate background to operate the Old Ranch
Tennis Center so that the residents of Seal Beach will be assured they will be
provided a tennis facility that is professionally managed and expertly maintained.
City staff will review, evaluate and rate each proposer's technical information and
price proposals. It is the goal of the City to provide quality tennis at an affordable
price to its patrons. The City seeks to award a contract to an operator the City
determines most advantageous. The City is looking for proposals that will allow
the operator to continually meet the goals of the City and to improve and
maintain the quality of tennis offered to the public. The RFP process will enable
the City to provide higher ratings to proposers or management firms whose
experience in public and private tennis court operation and whose key personnel
have more than the minimally adequate number of years of experience in the
operation of public and private tennis courts. The proposal offering to pay the
highest percentage of gross revenues may not necessarily be the most
advantageous proposal with respect to the above qualities, but will evaluated in
consideration with all elements of the proposal requirements.
II. PURPOSE: The City of Seal Beach, (hereinafter, "The City ") through its
Recreation and Community Services Department is soliciting the services of
interested and qualified tennis court operators to manage and maintain the Old
Ranch Tennis Center at no cost to the City. The services to be provided include
the following: manage, maintain, and operate the tennis courts as public courts in
accordance with a formal management agreement. Consideration will also be
given to the operation and management of a pro shop and snack shop as part of
the management of the tennis center facilities.
III. SCHEDULE: Key Dates for This Proposal:
June 2004 RFP ISSUED
(Available at www.ci.seal - beach.ca.us)
July 14, 2004 PROPOSALS DUE
July /August 2004 EVALUATION /INTERVIEWS
August 9, 2004 AWARD OF CONTRACT
IV. BACKGROUND: As part of a development agreement between the City of Seal
Beach and the Bixby Ranch Company, Bixby Ranch Company has agreed to
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dedicate its Old Ranch Tennis Club to the City of Seal Beach. The dedication of
the property to the City is to occur before September 2004 and is contingent on
selection and determination of a qualified operator to manage and maintain
facility operations.
V. Located adjacent to the 1 -405 in Seal Beach, the present Old Ranch Tennis Club
is a seven -acre site, containing 16 tennis courts, a pro shop, a 2,100 square foot
clubhouse with kitchen and lounge area, a 3,200 square foot locker /shower
restroom facility, a 1,000 square foot fitness area and adjacent parking lot.
Before the facility will be available for public use, the City will be responsible for
providing the necessary improvements to bring the facility up to federal, state and
local government standards for operation of a public recreation facility. The
facility layout use may vary from current operation dependent upon the most
advantageous facility management plan determined between the new operator
and the City.
INSTRUCTIONS TO PROPOSERS
1. DEADLINE FOR SUBMISSION: All proposals must be submitted in accordance
with this RFP to the City Manager's Office, City of Seal Beach, 211 8th Street
Seal Beach 90740, Attn: June Yotsuya, Assistant City Manager, no later than
5:00 p.m., July 14, 2004. FAXED PROPOSALS WILL NOT BE ACCEPTED.
II. QUESTIONS: Inquiries involving procedural or technical matters should be
directed in writing to: June Yotsuya, Assistant City Manager, City of Seal Beach,
211 8 Street, Seal Beach 90740 or by email: ivotsuvaaci.seal- beach.ca.us
before June 30, 2004. Addendums to the RFP will be mailed to all proposers in
order to clarify any questions that may arise after proposers' examination of
documents and examination of facilities.
III. EXAMINATION OF DOCUMENTS: Each proposer shall be responsible for
personal examination of the facility location as part of the process before
submitting any facility management proposal to the City. The proposer shall be
familiar with all RFP documents before submitting any proposals. No allowance
will be made for any claim that the proposal is based on incomplete information
as to the nature and character of the facility or as to the contemplated
management of the facility.
IV. PROPOSAL ACCEPTANCE AND REJECTION: It is the sole responsibility of
the submitting proposer to ensure that its proposal is received before the
submission deadline. Submitting proposers shall bear all risks associated with
delays in delivery by any person or entity, including the U.S. Mail. Any proposals
received after the scheduled closing time for receipt of proposals will be returned
to the sender unopened. Timely hand - delivered proposals are acceptable. No
facsimile (fax) or electronic mail (e -mail) copies will be accepted. The City, at its
discretion, may determine that a proposer may be allowed to remedy the status
of being non - responsive if sufficient evidence can be presented citing
extenuating circumstances. The City reserves the right to reject any or all
proposals, to waive any defects, irregularities, or informalities in any proposal, or
the procedures and requirements set forth herein.
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The City may, at its sole discretion, reject any or all proposals submitted to this
RFP. Once the RFP's are received, the City may also, at its sole discretion,
modify and /or negotiate changes to the proposed services and structure to
provide for a program that best meets the needs of the City.
After a prospective operator has been selected, the City and the prospective
operator will negotiate an agreement. The agreement will be submitted to the
City Council for its consideration and possible approval. If a satisfactory
agreement cannot be negotiated, the City may, at its sole discretion, begin
contract negotiations with the next qualified proposer who submitted a proposal,
as determined by the City, or provide an alternative recommendation based on
the evaluation findings.
The recommendation to award an agreement will not bind the City Council to
award an agreement to the prospective operator.
V. PRICE PROPOSAL CRITERIA: Payment of rental to the City shall be based on
a monthly minimum rent, or the prescribed sum of percentages of monthly gross
receipts, whichever is greater. All authorized activities and privileges granted will
have a percentage rental figure assigned to the gross receipts derived. The
monthly minimum rent deemed responsive to this RFP has been established as
$500, but is in no way limited to that value. Proposer is required to submit all
forms for price proposals included in this RFP and any additional information as
requested, including narrative detail that will assist the City in making it selection.
VI. TECHNICAL PROPOSAL CRITERIA: The technical proposal shall consist of
documentation that the proposer satisfies the minimum criteria set forth in this
RFP. Proposer is required to submit all forms for technical proposal included in
this RFP and any additional information as requested, including narrative detail
that will assist the City in making its selection. Any proposer submitting a
proposal must satisfy the following criteria in order for its proposal to be
considered: 1) three (3) years' experience by the proposer, managing public or
private courts; 2) three (3) years' experience by the individual who will be the on-
site manager of the Old Ranch Tennis Center; 3) provide specified staffing levels
and equipment requirements; and 4) provide documentation detailing past
accounting experience managing a tennis facility or financial ability to sustain
management of a tennis facility, i.e. past annual tax statements and /or monthly
annual lease and fee records.
VII. ACCEPTANCE OF PROPOSAL CONTENT: All or part of the successful
proposal submitted shall become incorporated into the final contract documents.
VIII. PROPOSAL EXPENSES: Expenses for developing the proposals are entirely
the responsibility of the proposer and shall not be chargeable in any manner to
the City of Seal Beach.
IX. PROPOSER REVIEW OF EXISTING OPERATION: Any questions regarding
RFP or current operation of Old Ranch Tennis Club shall be addressed in writing
to: June Yotsuya, Assistant City Manager, City of Seal Beach, 211 8 Street,
Seal Beach 90740 or by email: ivotsuva ac ci.seal- beach.ca.us (562) 431 -2527,
ext. 308 before June 30, 2004. Proposers have the permission of the present
owner to self -tour the facility. Please call Tim King, CFO -Bixby Ranch Company
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at (562) 493 -1475, ext. 233 or June Yotsuya at (562) 431 -2527, ext. 308 to
arrange times.
CONTRACT INFORMATION
I. CONTRACT AND TERM: After selection of the successful proposal and award
of contract by the Seal Beach City Council, the successful proposer and the City
shall execute a written contract containing the terms of this RFP and the
successful proposer's response, together with any changes to the service plan
negotiated by the parties. Such contract shall not take effect until signed and
executed by both parties. At this time, the City is considering a three -year
contract with options to renew up to five years. These terms may change based
on negotiation between the potential lessee and the City.
II. METHOD OF PAYMENT: Lessee shall be required to remit monies due the City
on a monthly basis payable under a payment scheduled defined by the City. At
the end of each contract year term, lessee shall remit any additional guaranteed
amount due as governed by the agreement.
III. LEASE INSURANCE REQUIREMENTS: During the term of any agreement,
lessee shall maintain in full force and effect, at its own cost and expense, the
following minimum insurance coverage:
Lessee shall be responsible for providing proof of appropriate liability insurance
coverage identified, at a minimum, below:
a) Lessee shall and will, during period of any agreement with the City, provide
and maintain in such form and with a company or companies satisfactory to
City, a policy or policies in conformance with the requirements set forth
below. Lessee shall acknowledge that the insurance coverage and policy
limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limit
and coverage required in an agreement and which is applicable to a given
loss, will be made available to the City.
b) Lessee shall indemnify and hold harmless the City of Seal Beach, its officers,
employees and agents, from and against any and all claims, demands,
orders, decrees or judgments for injury or death or damage to person or
property, loss, damage and liability (including all costs and attorneys' fees
incurred in defending any claim, demand or cause of action), occasioned by,
growing out of, or arising or resulting from any act or omission on the part of
lessee, or his agents or employees, arising or resulting from the performance
of any services required herein to be performed by lessee or arising from the
use of the facilities, tennis courts or pro shop by lessee, or his agents or
employees, or arising from the use of any buildings or improvements thereon
or therein by any person or persons, or arising out of the operation or
maintenance of dangerous or defective condition of any structure, facility or
thing erected or placed on property and under the control or supervision of
lessee.
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1) Commercial General Liability Insurance using Insurance Services Office
Commercial General Liability policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall
be no cross liability exclusion for claims or suits by one insured against
another. Limits shall be no less than $1,000,000 per occurrence for all
covered losses and no less than $2,000,000 general aggregate.
2) Workers Compensation on a state - approved policy form providing
statutory benefits as required by law with employer's liability limits no less
than $1,000,000 per accident for all covered losses.
3) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no
less than $1,000,000 per accident, combined single limit. If lessee owns
no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If lessee or
lessee's employees will use personal autos in any way during term of
agreement, lessee shall provide evidence of personal auto liability
coverage for each person.
4) Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for
the underlying coverage. Any such coverage provided under an umbrella
liability policy shall include a drop down provision with a maximum
$25,000 self- insured retention for liability not covered by primary, but
costs payable in addition to policy limits. There shall be no cross liability
exclusion precluding coverage for claims or suits by one insured against
another. Coverage shall be applicable to city for injury to employees of
lessee, subcontractors or others involved in the work. The scope of
coverage provided is subject to approval of City following receipt of proof
of insurance as required herein.
5) A contractual liability endorsement shall be included in each insurance
policy, extending coverage to include the liability assumed under (1)
above.
6) If necessary, a products liability endorsement shall be added to each
insurance policy in the amount of Ten Thousand Dollars ($10,000.00) for
each person and Twenty Thousand Dollars ($20,000.00) on account of
any one occurrence.
c) Any policy of insurance required of lessee shall also contain an endorsement
providing that thirty (30) days' notice must be given in writing to the City, of
any pending change in the liability or of any cancellation or modification of the
policy.
d) Lessee shall fill out and forward to the City an accident report on any injury
that takes place in and around the property within twenty -four (24) hours.
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e) Lessee shall be responsible, at its own costs and expense, to deposit and
maintain with the City at all times, a security deposit, in cash or bond, in the
amount equal to three times the monthly minimum rent, to guarantee full and
faithful performance of all the duties, obligations, covenants and agreements
between lessee and City.
f) Lessee shall be required to comply with State of California OSHA regulations.
Section 3203 of Title 8 in the California Code of Regulations requires all
California employees to have a written, effective Injury and Illness Prevention
Program (IIPP) that addresses hazards pertaining to the particular workplace
covered by the program.
IV. PERFORMANCE BOND AND PERSONAL GUARANTY REQUIREMENTS:
Lessee will, at or before the execution of the resulting agreement, furnish to the
City an acceptable corporate surety bond in the sum of five thousand dollars
($5,000.00), or equivalent security, as security for faithful performance and non -
negligent performance of the agreement. The bond shall be in force at all times
during the term of the management agreement.
A personal guaranty shall be required as part of the lease agreement whereby
each individual or entity executing the lease with the City shall be jointly and
severally liable for performance of all of lessee's obligations, including but not
limited to the payment of rent and all other charges or amounts due as
determined in the lease agreement
V. POLLUTION PREVENTION REQUIREMENTS: The following language will be
inserted into any lease agreement with the City:
"The Santa Ana and San Diego Regional Water Quality Control Boards
(RWQCB) have issued permits which govern storm water and non -storm water
discharges resulting from municipal activities performed by or for the County of
Orange, Orange County Flood Control District and incorporated cities of Orange
County (collectively referred to as Permittees). The RWQCB Permits are
National Pollutant Discharge Elimination System (NPDES) Permits Nos.R8 -2002-
0001, and R9- 2002 -0001, respectively. Copies of the RWQCB Permits are
available for review.
In order to comply with the Permit requirements, the Permittees have developed
Drainage Area Management Plan (DAMP) that contains Model Maintenance
Procedures with Best Management Practices (BMPs) that parties leasing
municipal owned properties must follow. These Model Maintenance Procedures
contain pollution prevention and source control techniques to minimize the -
impact of those activities upon dry- weather urban runoff, storm water runoff and
receiving water quality.
Activities performed at the facility leased under this agreement shall conform to
the Permits, the DAMP and the Model Maintenance Procedures and must be
performed as described within all applicable Model Maintenance Procedures.
The holder of this agreement shall fully understand the Model Maintenance
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Procedures applicable to activities conducted at the facility leased under this
agreement prior to conducting them and maintain copies of the Model
Maintenance Procedures at the leased facility throughout the agreement
duration.
Evaluation of activities subject to DAMP requirements performed at the facility
leased under this agreement will be conducted by the City to verify with DAMP
requirements and may be required through lessee self - evaluation as determined
by the City."
VI. UTILITIES: The proposer shall be responsible for electricity, gas, refuse and
telephone expenses. The City is considering bearing the costs for water and
sewer.
VII. COURT FEES AND CHARGES. City must approve all permit and daily fees.
The lessee shall present a fee schedule to the City before May 15 of each year of
the agreement for the forthcoming fiscal year in order to be included in the City's
Comprehensive Fee Schedule. The City Council establishes all fees at the start
of each fiscal year.
VIII. RECORDS AND AUDITS: Lessee shall submit a detailed description of the
method to be used to insure the accountability for all revenues generated at the
tennis courts, which method is subject to review by the City. Lessee shall keep
the books of accounts and records of all operations and establish a system of
bookkeeping and accounts in a manner considered to be good accounting
practice and satisfactory to the City. Lessee shall permit inspection of said books
and records by the City as often as deemed necessary in the opinion of the City
in form submitted by the City. Lessee shall submit at the end of each year a
certified, audited annual report, or as required by the City, a profit and loss
statement of operations under the terms of the contractual agreement, in a form
3 considered to be good accounting practice and satisfactory to the City.
IX. FORCE MAJEURE: Neither the City nor the lessee shall be deemed in breach
of any contract which may result from this proposal submission if it is prevented
from performing any of the obligations hereunder by reason of Acts of God, acts
of the public enemy, acts of superior governmental authority, strikes or labor
disputes, floods, riots, rebellion, sabotage, or any similar other circumstances not
within its reasonable control.
X. TERMINATION: Lessee shall peaceably and immediately give up and surrender
to the City the premises and every part thereof at the termination of the
agreement in the same condition that they were received.
XI. NON - DISCRIMINATION /EQUAL OPPORTUNITY: Lessee shall comply with all
local, state and federal laws and regulations pertaining to non - discrimination and
equal opportunity in the areas of employment, subcontracting, and use of City of
Seal Beach facilities.
XII. ASSIGNMENT: Lessee shall not assign or subcontract any portion of the
operation without prior written approval from the City.
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XIII. INDEPENDENT CONTRACTOR: Lessee and its employees will operate as an
independent contractor and are not considered City of Seal Beach employees.
XIV. NOISE ORDINANCE: The City of Seal Beach has a noise ordinance in effect
that restricts noise associated with property maintenance as follows: between the
hours of 7 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m. and 8:00 p.m.
Saturday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or local,
State or Federal holidays.
SCOPE OF SERVICES
I. HOURS AND DAYS OF OPERATION: The lessee shall define its hours of
operations per weekday, weekend and holidays. Once established and
approved by the City, any changes to the operating schedule can be made only
with the written approval of the City.
II. MAINTENANCE: Lessee will accept all properties, facilities, and equipment "as
is" in their presently existing condition. Lessee shall, at its own expense, maintain
the courts, bearing the start -up costs and on -going court maintenance throughout
the term of agreement. Lessee will provide court maintenance equipment and
shall be responsible for maintaining such equipment in reasonable and workable
condition. It is further understood that lessee will provide the City a monthly
management report in a format approved by the City that shall include
maintenance undertaken, and other minor repairs that may have been
performed.
III. MINIMUM STAFFING. ON -SITE MANAGER: It is the intent of the City to have
an individual, either the lessee or an employee of the lessee qualify as and serve
as the on -site manager of the Old Ranch Tennis Center. Such individual must
have full authority to act for and bind the lessee in all respects with regard to the
operation of the facility.
IV. OPERATOR RESPONSIBILITIES: Lessee's basic service obligations shall
include, but not be limited,. to the typical responsibilities outlined below.
a) Enforcement of all rules and regulations.
b) Regulation of play and conduct of players.
c) Policing of facility property, preserving order and providing for security of
facility, and preventing injury to facility by players and others.
d) Keeping the facility open for designated number of hours and days as
assigned in the lease or at the discretion of the City.
e) Inspection and maintenance of facility buildings and property.
f) Maintenance of tennis courts, with regular cleaning and sweeping of the
same.
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g) Repairing and replacing any nets as required, in order to maintain tennis
courts in good playing condition.
h) Providing private and /or group lessons and instructions in tennis and all
services customarily provided by a tennis professional, either by lessee
personally or by qualified employees.
i) Scheduling tournaments and other tennis activities with special interest
groups, private groups, tennis clubs and /or school interests to assure the best
overall, well- rounded tennis program for the community while incorporating
public play and use of facilities in the overall program.
j) Operating, managing and supervising the pro shop that includes, but is not ,
limited to, maintaining, selling and renting a stock of merchandise, supplies
and equipment to meet customer demand and suitable for use at the facility.
k) Maintaining and operating a business for the repair of tennis rackets and
other tennis related equipment.
I) Providing for use of clubhouse including potential food service or catering as
permitted by County of Orange Health Department.
m) Furnishing and paying for all costs relative to the operation and maintenance
of facility and grounds including all utility charges, supplies, refuse pickup,
landscaping services etc.
n) Providing proof of insurances as required by City.
o) Lessee shall provide for the background checks and fingerprinting of all
employees that contract for or provide services such as tennis instruction,
etc. to any person under the age of 18.
p) Operate and maintain recreational and competitive tennis programs such as
but not limited to the following: singles and doubles nights, recreation and
competitive ladders, age and /or gender- specific activities, instructional clinics
and academies, special events, etc.
q) Operate and manage the tennis courts, clubhouse, pro shop and other
pertinent areas in a manner calculated to enhance revenue flow to the City
and in a manner that will provide quality service for public and private use.
r) Facility rental rates and tournament participation rates will be based on
prevailing rates for other public and private facilities in the Orange County
area determined by lessee and approved by City.
s) Establish a specific rental rate structure for Seal Beach residents, including
senior discounts, etc., and use of courts by school entities.
t) Development of outreach, promotional and advertising efforts subject to City
approval.
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•
u) Subject to City approval, lessee shall create a method of collection of
program participant and facility user satisfaction and evaluation information
for the purpose of review by City and lessee.
V. FACILITY AND MAINTENANCE RESPONSIBILITIES: Maintenance of facility
and equipment shall include but not be limited to the following:
a) Lessee shall be responsible for maintaining and keeping of all interiors of
buildings including restrooms, furnishings and fixtures in good and sanitary
condition.
b) Lessee shall keep the facilities and tennis courts clear of trash and debris.
c) Any modifications and additions to facilities shall have the written approval of
the City Manager's Office prior to the implementation by the lessee.
d) Lessee shall be responsible for electricity, gas, refuse and telephone
expenses.
e) Lessee shall provide and maintain all court cleaning equipment, empty trash
receptacles on individual courts and place trash bins in suitable locations for
City's refuse services.
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT
I. COMPARATIVE EVALUATION CRITERIA AND STANDARDS: Proposals shall
be evaluated based on the following criteria:
a) Facility Management. The ability of proposer to manage, maintain and
operate public tennis courts. Highly Advantageous - More than three (3)
years' actual on -site experience by all the principals of proposer or
management firm, at public or private tennis courts. If public, at site where
courts generated income for the community while remaining affordable for the
public- if private, at site where courts generated income for the enterprise
while maintaining prices that fell within industry standards. Advantageous -
Three (3) or Tess years of actual on -site experience by one or more of the
principal(s) of the proposer or management firm, at public or private tennis
courts. If public, at site where courts generated income for the community
while remaining affordable for the public - if private, at site where courts
generated income for the enterprise while maintaining prices that fell within
industry standards. Not Advantageous - Less than three (3) years actual on-
site experience by all of the principal(s) of the proposer or management firm;
or experience involving operation of tennis courts which failed to generate
income. Unacceptable — With no management, maintenance or operation
experience of public or private tennis courts.
b) Facility Maintenance. Proposer's or management firm's plan to provide
required maintenance at the Old Ranch Tennis Center that would make
available a level of play that is comparable to area public and private outdoor
tennis courts. Highly Advantageous - Submission of a plan for maintenance
at the tennis courts that would not require any funding from the City.
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Advantageous - Submission of a plan for maintenance at the tennis courts
that would require an increase in fees and not require any additional funding
from the City. Not Advantageous - Submission of a plan for maintenance at
the tennis courts that would require an increase in fees and would require
additional funding from the City. Unacceptable - No maintenance plan
submitted.
c) Tennis Program. Proposer's or management firm's plan to provide additional
incentives to increase the amount of play by Seal Beach residents, by youth
and seniors and to increase community spirit and public awareness of the
tennis courts as a community resource. Highly Advantageous - A plan which
sets forth at least three (3) specific incentives that will be offered by proposer
or management firm. The incentives should have either a proven effect or be
reasonably calculated to achieve their goals and should be in keeping with
the character of the tennis courts as a community resource. Such plan would
involve no cost to the City. Advantageous - A plan which sets forth less than
three (3) specific incentives or sets forth incentives which are tentative and
not in keeping with the character of the tennis courts as a community
resource. Such plan would involve no cost to the City. Unacceptable - No
plan; a plan which involves cost to the City; a plan which sets forth incentives
which are tentative or which are not in keeping with the character of the
tennis courts as a community resource.
d) Accountability of Revenues. The proposer or management firm shall submit a
detailed description of the method to be used to ensure the accountability for
all revenues generated at the tennis courts. Highly Advantageous - A plan
that specifically details an accurate method for recording and accounting for
revenues that are taken in as part of the tennis court operation; including a
comprehensive report describing the manner in which these revenues are
reported to the City and how the amounts can be verified by the City; and
identifies the person who would be submitting this information to the City.
Advantageous — A plan that generally describes an accurate method for
recording and accounting for revenues that are taken in as part of the tennis
court operation; and includes a report describing the manner in which these
revenues are reported to the City and how the amounts can be verified by the
City; and identifies the staff position who would be submitting this information
to the City. Unacceptable - A poor or no plan submitted; or does not
sufficiently describe an accurate method for accounting for the revenues in as
part of the tennis court operation; or does not have a method for the City to
verify the accuracy of the numbers submitted; or does not present either the
name or staff position of the person who would be submitting the information
to the City.
II. AWARD OF CONTRACT: The contract will be awarded to the proposer offering
the most advantageous proposal, taking into consideration all evaluation criteria
as well as price. Any proposals, which submit a price that is abnormally low or
high, as determined by the City, may be rejected as unrealistic. All proposals
shall remain firm for ninety (90) calendar days after the proposal opening. As
used herein, the term "qualified, responsible and eligible proposer" shall be
defined as a proposer who has demonstrated the skill, ability, and integrity
necessary to the faithful performance of the contract. Proposers may be
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investigated by the City to determine if they are qualified to perform the contract
for the management and maintenance of the Old Ranch Tennis Center. The
investigation will seek to determine whether the proposer is authorized to do
business in the City of Seal Beach, possesses comparable previous experience
and whether the proposer's financial resources are adequate to assure the City
of Seal Beach that the contract will be completed in accordance with the terms
thereof. In evaluating Proposals, the City will consider the qualifications of only
those proposers whose proposals are in compliance with the prescribed
requirements. The City reserves the right to reject any proposal if the evidence
submitted by, or the subsequent investigation of such proposer fails to satisfy the
City that the proposer is properly qualified to carry out the obligations of the
contract.
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ATTACHMENT A
OLD RANCH TENNIS CENTER
FACILITY MANAGEMENT
PRICE PROPOSAL
RFP # 6 -1
Name of Firm or Individual Submitting Proposal:
Address:
Telephone /Fax #:
E -Mail Address:
I propose to provide the required programs and services as described in this'RFP. I
propose the term of the agreement to be for a period of time not less than
years which is determined to be the necessary time needed to amortize my investment
and to receive a fair return.
I propose to pay the City the following monthly minimum lease rent (an amount not less
than but not limited to $500) $
I propose to pay the City the following percentages as rental:
% all monthly gross receipts or the following breakdown:
% all monthly gross receipts from fees collected from reservations of tennis
court use
% all monthly gross receipts from tennis instruction
% all monthly gross receipts or $ per entrant for tennis tournaments
% all monthly gross receipts or $ per entrant for tennis academies
% all monthly gross receipts of merchandise sales
% all monthly gross receipts from repair or rental of tennis equipment
% all monthly gross receipts from the sales of food and beverages
CIL all gross receipts from any annual or seasonal fees collected for any use
of facilities
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Provide additional percentage and breakdown information for other categories not listed
above that will be included in facility management operation.
I estimate the following annual gross receipts will be realized from the authorized
operations:
First Year Average of First Three Years
Court Reservations
Tennis Lessons
Tennis Tournaments
Tennis Academy
Merchandise
Equipment Repair /Rental
Food and Beverages
Other
I propose a fee schedule that shall include similar information listed below but shall not
be limited to the categories suggested in the following list. The proposed fee schedule
shall be attached to this form and shall include any narrative or description of services
that will assist the City in its evaluation.
Residential Fees:
Non - Residential Fees:
Youth Fees:
Senior Discount:
Premium Play:
Instructor fees:
Private Lessons:
City Program Lessons:
Off -Court Duties:
Tournament Fees:
Academy Fees:
Seasonal or Annual Pass Fees:
I propose a usage schedule for hours and days of operation, including a proposed
schedule for holiday use or closure and have attached the schedule to this form.
Signature of Proposer:
Name of Proposer:
Address, if different from above:
Date:
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ATTACHMENT B
OLD RANCH TENNIS CENTER
FACILITY MANAGEMENT
TECHNICAL PROPOSAL .
RFP # 6 -1
Name of Firm or Individual Submitting Proposal:
Address:
Telephone /Fax #:
E -Mail Address:
Please read and initial the following as part of the technical proposal.
I have read all the technical requirements, including the operator responsibilities and
facility and maintenance responsibilities and agree to the conditions required as part of
the contract.
Any proposer submitting a proposal must satisfy the following criteria in order for its
proposal to be considered. Accordingly, proposers must supply information showing the
following and provide the appropriate narrative or documentation as attachments to this
form.
1. Three (3) years' experience or its equivalent by the proposer or management firm
managing public or private tennis courts. (List name of tennis courts, number of
years managed, location and references to contact. provide resume.)
2. Plan for required maintenance at the Old Ranch Tennis Center that would make
available a level of play that is comparable to area public and private outdoor tennis
courts. (Attach proposed maintenance plan, including start-up, on -going
maintenance and shutdown).
3. Plan to provide additional incentives to increase the amount of play by Seal Beach
residents, by youth and seniors and to increase community spirit and public
awareness of the tennis courts as a community resource. (Attach plan that specifies
the actions and programs that will be undertaken to provide for incentives that will
allow continued growth of the play on the courts and that will increase community
spirit and public awareness.)
4. Detailed description of the method to be used to ensure the accountability for all
revenues generated at the tennis courts. (Attached description should show in detail
how the revenues will be collected and recorded - the method in which these
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revenues are reported to the City and how the amounts can be verified by the City.)
5. Provide past annual tax statements and /or monthly annual lease and fee records.
6. Understanding of the City's needs for tennis instruction services and your overall
approach to those needs.
7. Approach and concept for provision of tennis instruction services.
8. Description of tournament structures and marketing program.
9. Provide description of proposed operation of pro shop, merchandising and
food /beverage service, and any other services proposed.
10. Provide specified staffing levels and equipment requirements.
11. Include any additional information that will assist the City in its evaluation.
Signature of Proposer:
Name of Proposer:
Address, if different from above:
Date:
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ATTACHMENT C
OLD RANCH TENNIS CENTER
FACILITY MANAGEMENT
STATEMENT OF PERSONAL HISTORY
RFP # 6 -1
1. Legal Name dba, if any
2. Residence Address
3. Business Address
4. Telephone: Residence: Business:
5. Social Security Number:
6. Identification Number:
Have you or your spouse ever filed for bankruptcy or been declared bankrupt?
Have you ever been fired or asked to resign?
Have you, as an adult ever been convicted, fined, placed on probation, given a
suspended sentence in any court or had any convictions expunged under Sections
1203.4 or 1203.4A of the Penal Code?
Have you, or any principal of your proposal, ever had a bond or surety canceled or
forfeited?
Note: If you have answered "yes" to any questions above, pertinent details must be
provided on an additional sheet and attached to this form. Failure to do so may
result in the delay in evaluation or possible disqualification of your proposal.
I hereby certify that all statements made on or in connection with this Statement of
Personal History are true to the best of my knowledge and belief, and I understand
and agree that any misstatement or omission of material fact may cause forfeiture on
my part of all rights to the proposed agreement to be awarded by the City of Seal
Beach.
Signature: Date:
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