Tennis_Management_Professional.pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

226071

TENNIS MANAGEMENT PROFESSIONAL

Due Date: Friday, June 17, 2022

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/21030

PUBLISH DATE: May 27, 2022 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 226071

BUSINESS SERVICES DEPARTMENT Page 2 of 36 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Sandra Alcorn

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 837-4118

Attachments:

A - OFFER AND ACCEPTANCE

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A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 226071

TITLE: Tennis Management Professional

SUBMITTAL DUE DATE: Friday, June 17, 2022 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Friday, June 10, 2022

TIME: 10:00 am LOCAL AZ TIME

LOCATION: Teams Meeting call in (audio only) +1 213-293-2303,,576007942# United States, Los Angeles Phone Conference ID: 576 007 942#

QUESTIONS SHALL BE DIRECTED TO: Sandra Alcorn

(520) 837-4118 sandra.alcorn@tucsonaz.gov

Posted Date: Friday, May 27, 2022

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Reponses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

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B. INTRODUCTION

B.1. Summary

The City of Tucson intends to establish a contract(s) for the operation of the tennis centers for the Parks and Recreation Department at three designated locations. The Parks and Recreation Department’s goal is to provide a full-service tennis program to include open play, instructional play, and competitive play for beginner to tournament level players.

The City of Tucson intends to award this contract by tennis center (Reffkin, Fort Lowell, and Himmel) and each tennis center proposal will be evaluated separately. Offerors do not need to submit a proposal for all tennis centers to be considered for award. However, it must be clearly stated within the proposal which tennis center(s) are being offered.

Operating strategies include:

• Maximize use of the physical assets and maximize financial opportunities to achieve full cost recovery of operations, maintenance, and improvements.

• Offer support services including pro shop functions, concessions, corporate partnerships, and sponsorships to complement and enhance the player experience and capitalize on revenue potential.

• Improve the visibility and public recognition of the Parks and Recreation Department owned asset and benefit of such asset through the offering of a full-service tennis program.

• Offer a youth outreach tennis program conducted during out-of-school times and targeting demographically at-risk and underprivileged youth.

• Utilize the Reffkin Tennis Center to attract tournaments, both local and national, maintaining Tucson’s positive reputation as a tennis destination and contributing to the local economy.

• Highlight and promote the sport of tennis for individual and family enjoyment and promote its ability to be a life sport.

B.2. Background

The Reffkin Tennis Center, located at 50 S. Alvernon Way, was originally constructed in 1959 with 10 concrete courts. Since 1975, the Reffkin Tennis Center has been in continuous operation, serving the needs of players and families. National level tournaments and celebrity events have been successfully coordinated via the contracted tennis concessionaire.

Reffkin Tennis Center currently has:

• 21 Doubles Courts, including a Stadium Court

• 2 Singles Courts

• 8 Pickleball Courts, with Shadow Striping for two Tennis Doubles Courts

• 4 Outdoor Racquetball Courts

• 1 Half-Court with Practice Wall

• 1 Pro Shop with Office Space

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• 1 Storage Building

• 1 Learning Center

• 1 set of Restrooms (Men’s and Women’s) next to the Pro Shop with showers

• 1 set of Restrooms (Men’s and Women’s) next to Learning Center

Special Note: In 2020-2021 Reffkin Tennis Center improvements completed were:

• Repaired and Resurfaced 20 courts

• Rebuilt 3 courts with new post-tension concrete, re-surfaced, and new net post with nets

• Converted 2 tennis courts to 8 pickleball courts with new net posts and nets

• Replaced and Upgraded Electrical System

• New SES Panel, and underground wiring

• Re-furbished 4 shade structures with new paint and shade material

Fort Lowell Tennis Center is located in Fort Lowell Park, 2900 N Craycroft Road

• 8 Doubles Tennis Courts

• 2 Outdoor Racquetball Courts

• Pro Shop with Office Space

• 1 set of Restrooms (Men’s and Women’s)

Special Note: In 2018-2019 Fort Lowell Tennis Center improvements completed were:

• Repaired and resurfaced all 8 courts with new net posts and nets

• Repaired all fence posts and fencing material

• Added new gates to enclose all 8 courts

• Repainted exterior of tennis building and interior of restrooms

Himmel Tennis Center is located in Himmel Park, 1000 N. Tucson Blvd.

• 6 Doubles Tennis Courts

• 6 Pickleball Courts

• Pro Shop with Office Space

• 1 set of restrooms (Men’s and Women's)

Special Note: In 2022 Himmel Tennis Center Improvements to be completed:

• Repair and resurface 6 Doubles Courts

• Rebuilt 2 courts with new concrete and converted into 6 new pickleball courts

• Repair and replace fencing as needed

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B.3. Contact Information

Sandra Alcorn Senior Contract Officer Email: sandra.alcorn@tucsonaz.gov Phone: (520) 837-4118 Department:

Parks and Recreation mailto:sandra.alcorn@tucsonaz.gov tel:(520)837-4118

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C. SCOPE OF WORK

C.1. Scope of Work

The Scope of Services performed may include, but are not limited to the following:

• The Contractor shall have the primary right to establish, operate and maintain a tennis professional shop on the premises known as Reffkin, Ft. Lowell, and Himmel Tennis Centers for the purpose of the sale or rental of racquet sport equipment. Equipment and services shall include but are not limited to tennis racquets, balls, clothing and restringing tennis racquets.

• Contractor shall have the primary right to provide lessons in the art of playing tennis and/or pickleball to any and all persons applying for same and charge a schedule of fees as mutually agreed upon by both the City and the Contractor.

• Contractor has the primary right to recruit, arrange, and schedule tennis tournaments, exhibitions, and clinics.

• Contractor has the primary rights to recruit, arrange, and schedule tennis leagues. Contractor may work with the City Sports Unit on the development of City leagues, if desired.

• Contractor has the primary right to operate concessions at Reffkin, Fort Lowell and Himmel Tennis Centers.

• The Contractor is responsible for setting hours and days of operation to maximize use, revenue, minimize costs and expenses to meet the needs of the public. Contractor will post and inform the City of same. Contractor will report changes to the City prior to implementation.

• Contractor shall solicit and negotiate contracts for tennis tournaments sponsored by the United States Tennis Association and market tournament activities which may include advertisement, organization, arrangement of officials, equipment, tournament direction and awards.

• For tournament programming, Contractor will work with City staff to develop a suitable parking plan in order to accommodate tournament visitor and general parks facilities user parking.

• Contractor shall conduct a Youth Program, conducted during out-of-school times and targeting demographically at-risk and underprivileged youth. With recommendation but not required to explore those youth targeted programs and curriculums developed by the United States Tennis Association.

• The authorized Parks and Recreation Department logo will be prominently displayed on all publicity distributed materials by the Contractor including all facility and event advertisements, pamphlets, event schedules, flyers and digital communications. The Parks and Recreation Department may review and approve all publicity prior to distribution.

• The courts, pro shops and surrounding areas of the Reffkin, Ft. Lowell and Himmel Tennis Centers will be maintained at a high standard.

• Contractor shall maintain, as his/her own venture, a first-class pro shop.

• Contractor shall keep an adequate supply of suitable tennis equipment for rental to the public.

• Contractor will monitor facilities for equipment condition and notify City of any item(s) found to be in disrepair.

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• Courts should be kept in good repair and should be cleaned at intervals not greater than three (3) weeks.

• Bleachers, benches and walkways between the courts shall be kept clean.

• Signs, posters, scoreboards and notices must be timely, neat and appropriate for a tennis facility.

• Contractor will inventory lights and develop a desired lighting replacement schedule and notify City of the schedule. City will purchase as budget allows.

• Contractor shall inventory nets, windscreens, court furniture and amenities upon execution of the management agreement and develop a replacement schedule and costs based on existing conditions of each item and notify City of a proposed replacement schedule to allow consideration into the annual budget. City will purchase as budget allows.

• The Contractor accepts all the facilities in an “as is” condition and will maintain them in the same or better condition, reasonable wear and tear expected. Upon termination of this contract the Contractor shall peaceably vacate the premises.

• The Contractor shall not commence alternations of any existing structure or the addition of any further structures or facilities prior to obtaining the written approval of said plans and specifications by the Parks and Recreation Director.

• The City, at its option, will have the ability to extend the contract for a period of time commensurate with the value of any capital improvement received thru prior approval of said improvements to be made.

• The Contractor shall be responsible at the Contractor’s own expense, for any and all damage or injury to the property of the City, which was caused by the Contractor, his agents, guests or employees.

• By the 25th of the month prior to the beginning of each quarter (Quarters begin January, April, July and October), the Contractor will provide the City with a schedule of all tournaments, clinics, and exhibitions to occur during that upcoming quarter at any City Tennis Centers.

• Contractor shall employ, at his or her own expense, such number of assistants as necessary to perform the duties and render the services as stated herein.

• Contractor shall employ, at his or her own expense, a substitute to be the designated point of contact, for absences when he or she is out of town or not at the Reffkin, Fort Lowell or Himmel Tennis Center.

• Contractor shall provide appropriate certified tennis professionals at City Tennis Centers and assure they comply with all provisions as stated herein.

• Contractor shall pay all assistants, cashiers, and tennis professionals according to the City’s living wage policy.

• Contractor shall require all assistants, cashiers, and tennis professionals to undergo background checks. (Fingerprinting, applications on file, reference checks) Fingerprinting can be accomplished at the Randolph Recreation Center or Parks Administration Building, 900 S. Randolph Way.

• Contractor, assistants, cashiers, tennis professionals shall conform to an acceptable code of conduct while on duty or in the vicinity of the tennis centers. That code includes not being under the influence of illegal drugs or alcohol, not carrying weapons or restraining devises of any type, no profane language or sexual harassment, not accepting bribes of any kind, and always conducting themselves in a professional manner.

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• Contractor’s assistants, cashiers, tennis professional shall be appropriately attired.

• Contractor shall have and maintain a United States Professional Tennis Association (USPTA) rating of Master Professional or, at a minimum, a Professional 1 rating.

• Contractor shall be available, at no cost to the City, for consultation with regards to playing conditions and other matters pertaining to the operation of the tennis and racquetball facilities by the City.

• Contractor shall be responsible for obtaining all necessary licenses and permits required for the performance of this contract and for payment of all associated taxes due resulting from said operations.

Contractor will be responsible for all other similar requirements associated with the operation and maintenance of the tennis pro shops in the same manner and extent as any privately operated business operated within the City.

• Contractor shall observe and assist in the carrying out and enforcement of any and all rules and regulations promulgated and adopted by the City relating to the use of the tennis complexes by the patrons and conduct of players and any other persons while on the premises.

• Contractor shall operate and maintain a website that will provide specific information such as court reservations, program schedule and registration information, court rules and reservation policy, rain policy, and cancellation procedures; as well as notify the community of cancelled classes and court closures. Website must be current and match the information provided on the Parks and Recreation website. City will provide a link on its Parks and Recreation website to the tennis center’s website.

• Contractor shall charge approved court fees for all court activities, which would include tournaments, leagues, lessons, hourly use, special events etc. Special agreed upon children’s activities exempt.

Contractor may establish annual membership passes by submitting a written request for the prior approval of the Parks and Recreation Director.

The City of Tucson rights and responsibilities:

• The City will install and maintain Parks and Recreation signage in conspicuous locations at all tennis complexes.

• At Fort Lowell and Himmel tennis centers, Parks and Recreation will maintain restrooms at the same standard as the remainder of the park. Reffkin Center restrooms shall be responsibility of contractor.

• At all facilities, exterior landscaping will be maintained by Parks and Recreation at the same standard as the remainder of the park.

• The City shall provide all utilities (water, electricity, waste removal) except that in no event shall there be an increase, upgrade or addition to utilities services as they exist at the time of the award of the contract without prior approval by the Parks and Recreation Director.

Financial Considerations

Financial Records and Reporting Requirements include:

• Contractor will maintain daily cash register tapes, receipts, reservation and court use sheets, and other records in such a manner as to clearly state the financial results of operations by the Contractor each month.

• Contractor will assure that generally accepted accounting principles are practiced in the performance of this contract.

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• Contractor will pay all fees owed the City on a quarterly basis, due the 20th day following the end of the quarter. Quarters end March, June, September and December.

Reporting

• On a quarterly basis (Quarters end March, June, September and December), the contractor will be required to provide the City with reports of the amount of monthly gross revenue received from the following:

• Court Reservation Fees

• Instructional Fees

• Tournament Fees

• League Fees

• Retail shop, Equipment Rental and Concessions Revenues

• Advertising/Sponsorship Revenues

• On an annual basis, the Contractor will provide the City with a certified audit of the results of operation for that period.

• Contractor shall (to the best of his ability) provide the City with a true and accurate count of people using the City tennis centers. This will include but not be limited to lessons, court use, tournaments, spectators (estimate) and visitors. This report is due by the 15th of the month following each previous reporting month.

Compensation and Method of Payment

• Successful Vendor will be responsible to pay a minimum lease payment for each Center as follows or may propose a higher monthly rate in consideration of the overall proposal of revenue and capital investment during the life of the agreement. The below are the city minimum accepted lease rates. A proposer may, should they feel inclined, propose a higher lease rate:

Reffkin Tennis Center- $750.00 per month, to be paid quarterly.

Fort Lowell Tennis Center- $250 per month, to be paid quarterly.

Himmel Tennis Center- $250 per month, to be paid quarterly.

• Fees to be charged at each Center shall comply with City of Tucson Ordinances.

• Facility Rental and Programming Fees (including, but not limited to, lessons, clinics and similar activities) shall be stated as a percentage of gross income, net of sales tax, to be paid from the Contractor to the City on a quarterly basis by the 15th of January, April, July and October, as stated below under Financial Commitment to Capital Improvement of Facilities.

• The City shall review service compensation yearly, addressing budget and revenue increases each year as is deemed appropriate.

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D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City: The City of Tucson, Arizona

Contract: The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant: A Successful Offeror that enters into a Contract with the City.

Contract Representative: The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director: The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not: The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer: Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will: The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

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Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://secure.procurenow.com/portal/tucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

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H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

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If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system. Submittal instructions and online bidding system can be found at the following link: https://www.tucsonprocurement.com/

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

https://www.tucsonprocurement.com/

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D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://secure.procurenow.com/portal/tucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791- 4566 or email at tax-license@tucsonaz.gov

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E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Qualifications & Experience

B. Business Plan/Method of Approach

C. Financial Capacity

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

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E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SOLICITATION RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://secure.procurenow.com/portal/tucson-az.

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

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F. EVALUATION PHASES

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications & Experience

• Provide a cover letter, email address and introduction which shall include the organization name and address, and the name and telephone number of the person(s) who are authorized to represent the Contractor regarding all matters related to the proposal and any subsequent contract. This letter should be signed by the person(s) authorized to contractually bind the organization.

• Describe your experience in and knowledge of the tennis professional industry.

• Indicate background and qualifications of key personnel.

• Provide a minimum of three (3) references to contact, to verify past performance.

N/A N/A

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2. Business Plan/Method of Approach

Operating Methodology/Business Plan

Describe the operating method and resources available to perform the services as described in the Scope of Work. This section should include:

• A narrative on how you will specifically operate the Tennis Center and its programs.

Describe your proposed services, including private and group lessons, tournaments, leagues, clinics, and youth programs using the criteria listed in the Scope of Work.

• What are your programmatic goals and objectives? How will these support the City’s Mission Statement, objectives and operating strategies?

• What are your operating philosophies?

• What will be your staffing/management considerations? At a minimum, how many staff members/ instructors will be required?

• Describe your method of accounting, including tracking of all sales, lessons, and court usage.

• Describe your customer service philosophy.

• Provide a specific plan to maintain and monitor customer satisfaction.

• Provide a detailed schedule of maintenance of the premises.

• Provide a detailed description of how programs and services will be marketed and advertised including recommendation on what the City of Tucson Parks and Recreation might provide.

• What will draw new customers to your concession? What will keep them coming back? What will be your most- requested services?

Pro Forma

Include a Pro Forma covering your anticipated operations over the first three years. Include, at a minimum: projected revenue, operating expenses, fixed expenses, and any proposed capital improvement expenses. Project this information for each year. Include at what point is your return on investment.

• Financial Commitment and Capital Improvement of Facilities

• As part of this proposal, the city would like to request the offerors propose a rate to the city as a percentage of gross receipts, net of

BUSINESS SERVICES DEPARTMENT Page 20 of 36 tax, no less than 4%. This rate can be increased based on the desire to be competitive in their proposals.

• For each center in the City Parks Budget, Capital Project ideas shall be submitted to Parks staff for consideration. With approval of said Capital Projects, this project will be completed by the Parks Capital Projects Staff.

• As part of the selection process, in conjunction with other evaluation criteria, the City will consider as part of the lease agreement a proposed annual or percentage investment by the proposer for capital/infrastructure replacement contribution, in additional to the monthly rent and percentage of revenue. These annual investments must be conducive to the enhancement and increased revenue of the center or reduction in the annual maintenance cost the city will incur during the life of the agreement.

3. Financial Capacity

• Identify available capital and any additional resources to support your operation.

• Submit a detailed organization portfolio including the organization’s financial viability over the past three (3) years, credit references, and on-going projects.

• Submit an audited balance sheet, cash flow, and income statements in the forms as described by generally accepted accounting principles (GAAP).

• Submit information on all pending litigation, fines or enforcement proceedings by other cities or public entities, bankruptcy filings, projected 3-year cash flow analysis, projected operating expenses, and assurances that your organization can meet the insurance and bond capabilities if your organization is awarded the contract.

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G. SPECIAL TERMS AND CONDITIONS

G.1. CONFLICTS OF INTEREST

An Offeror responding to this solicitation acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure a Contract that may be awarded pursuant to this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the City of Tucson Mayor and Council or any employee of the City has any financial interest in Offeror’s firm. In addition, all communications regarding this solicitation shall be directed to the Business Services Department. Interested Offerors shall refrain from engaging in any communication (written or verbal) regarding this solicitation or the matters involving this solicitation or TCC operations with any other City staff, Mayor & Council or staff of Mayor & Council.

The City reserves the right to disqualify an Offeror from further participation in the solicitation process in the event the City determines that Offeror has an actual or apparent conflict of interest with the purposes of this solicitation, or has violated this Conflict of Interest.

Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Offeror, or any agent or representative of Offeror, to any officer or employee of the City, including the Mayor and Council and their staff, for the purpose of securing a Contract that may be awarded pursuant to this solicitation, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of a Contract that may be awarded under this solicitation, the City, may, by one (1) calendar day provide written notice to Offeror, terminate the right of Offeror to proceed under this solicitation; provided that the existence of the facts upon which the City made such finding shall be an issue and may be litigated in an Arizona court of competent jurisdiction.

G.2. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https://tucsonprocurement.com/bidders_livingwage.aspx.

G.3. REVENUE ADJUSTMENT

The City will review fully documented requests for revenue adjustment after any Contract has been in effect for one (1) year. Any revenue adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested adjustment or an alternate option, is in the best interest of the City. Any adjustment will be effective upon the effective date of the Contract extension.

G.4. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The City may, https://tucsonprocurement.com/bidders_livingwage.aspx.

BUSINESS SERVICES DEPARTMENT Page 22 of 36 at its sole option, extend the Contract's term for up to four (4) additional one-year periods or portions thereof.

BUSINESS SERVICES DEPARTMENT Page 23 of 36

H. INSURANCE REQUIREMENTS

H.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

H.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

C. Products & Completed Operations Aggregate: $2,000,000

D. Personal and Advertising Injury: $1,000,000

E. Blanket Contractual Liability: $1,000,000

H.3. Commercial Automobile Liability

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

H.4. Worker's Compensation. Policy must have coverage limits no lower than:

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C. Disease Each Employee: $1,000,000

D. Disease Policy Limit: $1,000,000

E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

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H.5. Professional Liability (Errors & Omissions)

Policy must have coverage limits no lower than:

A. Each Claim: $1,000,000

B. Annual Aggregate: $2,000,000

H.6. Professional Liability - Technology Errors & Omissions

Policy must have coverage limits no lower than:

A. Each Claim: $1,000,000

B. General Aggregate: $2,000,000

H.7. Policy Change Notice

Contractor will give the City 10 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

H.8. Additional Insured

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract. The coverage must be primary and any insurance carried by City is excess and not contributing.

H.9. Claims-Made Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

H.10. Additional Requirements

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

A. A waiver of subrogation endorsement in favor of the City, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

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H.11. Verification of Coverage

A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by the City), signed by an authorized representative of the insurer, showing that the Contractor has all the insurance required by this Contract.

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s Business Services Department before the Contractor commences work under this Contract.

C. The certificates must contain the City project/contract number and project description.

D. The City reserves the right to require complete copies of all insurance policies required by this Contract at any time.

H.12. Subcontractors

Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

H.13. Public Entities

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

H.14. Sufficiency of Coverage

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

H.15. Fidelity (Crime/theft) Insurance

Policy must have coverage limits no lower than:

A. Each Claim: $1,000,000

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I. STANDARD TERMS AND CONDITIONS

I.1. ADVERTISING

Contractor will not advertise or publish information concerning this Contract without prior written consent of the City’s Business Services Director.

I.2. COMPLIANCE WITH LAWS

The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders including, without limitation, the following:

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -- 12213) and applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36.

B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that they and any subcontractors working under this Contract are in compliance.

C. Affirmative Action. Contractor will comply with Chapter 28, Article XII of the…