ARMAN MATEVOSYAN
Attorney at Law
CA Bar #293832
MATEVOSYAN LAW FIRM
313 E. Broadway #10086
Glendale, CA 91209
Phone: (818) 480-0217
[email protected]
September 29, 2025
ELECTRONIC SERVICE
Glendale City Attorney’s Office
Michael J. Garcia, Esq. (State Bar No. 192848)
Aaron M. Israel, Esq. (State Bar No. 311231)
Jinette Simon, Glendale City Clerk’s Office
613 E. Broadway Ste 220
Glendale, CA 91206-4308
Telephone: (818) 548-2080
Facsimile: (818) 547-3402
Email: [email protected]
[email protected]
[email protected]
Re: Vigen Khanlarian’s Amended Opposition to September 30, 2025 City of Glendale’s Community Services and Parks Two (2) Motions re:
Rescission of Award of Contract for Operation of Tennis Courts at Glorietta Park
Dear City of Glendale, Honorable Councilmen and Councilwomen, and Glendale City Attorneys Messrs. Garcia and Israel:
On behalf of Vigen Khanlarian (hereinafter “Mr. Khanlarian”), this correspondence serves to formally reiterate and expand upon Mr. Khanlarian’s September 26, 2025 written opposition to the above-referenced Motions by the City of Glendale (hereinafter the “City”), which are currently set for hearing September 30, 2025 at 1:00 p.m. at Glendale City Hall, located at 613 E. Broadway, 2nd Floor, Glendale, CA 91206.
As detailed fully below, this correspondence further provides notice of our intent to initiate legal proceedings on behalf of Mr. Khanlarian and against the City for (1) Injunction (2) Breach of Contract and (3) Attorney Fees should the City rescind the City’s June 10, 2025 five-year contract for Mr. Khanlarian to operate the Glorietta Park tennis courts.
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UNDISPUTABLE FACTS & LEGAL ANALYSIS
I. Glendale City Faces ZERO LIABILITY from Hard Eight, Inc.
A. Glendale City and Hard Eight Admit Hard Eight Never Had Any Contract with the City Here:
1. Hard Eight admits Hard Eight never had any contract with the City here in its Verified Petition and Ex Parte Applications filed with the Superior Court of California dated July 2025 through the present. (See Khanlarian Exhibits 1-002, 1-003, & 1-008 1-004 for Aug. 14, 2025 Hard Eight Verified Petition; see also Exhibits 2-002 & 2-003 for Aug. 18, 2025 Hard Eight Ex Parte Application.)
2. The City admits Hard Eight never had any contract with the City here in the City’s Agenda, Minutes, and Motions dated June 10, 2025 through the present. (See Exhibits 3-004 & 3-005 for Sept. 30, 2025 Glendale City Agenda.)
B. Glendale City’s Request for Proposals Expressly Reserved the City’s Right to Reject Hard Eight’s Proposal in the City’s Sole Discretion Here:
1. The City admits the City Reserved its right to reject Hard Eight’s proposal in response to the City’s Subject Request for Proposals from 2025. (See Exhibit 4-020 for Glendale City’s Request for Proposal.)
2. Hard Eight admits Hard Eight was bound by the City’s reservation of the City’s right to Reject Hard Height’s proposal in the City’s sole discretion. (See Exhibits 1-003 & 1-004 for Aug. 14, 2025 Hard Eight Verified Petition; see also Exhibits 2-008 for Aug. 18, 2025 Hard Eight Ex Parte Application.)
C. Glendale City and Hard Eight Admit the City Exercised the City’s Lawful Right to Reject Hard Eight’s Proposal Here on June 10, 2025:
1. Hard Eight Admissions (See Exhibit 1-008 for Aug. 14, 2025 Hard Eight Verified Petition; see also Exhibits 2-005 & 2-006 for Aug. 18, 2025 Hard Eight Ex Parte Application.)
2. City Admissions (See Exhibit 3; see also Exhibits 3-004 & 3-005 for Sept. 30, 2025 Glendale City Agenda.)
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D. California Law Authorized Glendale City to Reject Hard Eight’s Proposal Here:
1. In a mandamus proceeding by a developer against a municipal Urban Renewal Agency to compel it to rescind a resolution selecting a competing developer as the only one qualified to proceed with an alternative redevelopment plan, the same considerations which precluded relief in mandamus prevented recovery for breach of contract, where all proposals were at all times by the terms of the agency request for bidders subject to the right of the agency to reject any proposal. (See Old Town Development Corp. v. Urban Renewal Agency (1967), 249 Cal. App. 2d 313.)
In that case, the city’s request for proposals included the following language:
“V. Acceptance of Proposals: All determinations by the Agency shall be final and conclusive and shall not be subject to review, except as provided for in Ordinance 1255 C.S. of the City of Monterey. The Agency shall reserve the right to reject any and all proposals in whole or in part, or to discuss further with any developer submitting a proposal, any changes in his proposal. The Agency further reserves the right to waive any informalities or defects as to form or procedure.”
2. Here, Glendale City’s Request for Proposals Express Terms are as follows:
“C. City’s Reservation of Rights
This RFP and the proposal evaluation process do not:
Obligate the CITY to accept or select any Proposal;
Constitute an agreement by the CITY that it will
actually enter into any Agreement with any PROPOSER.
When it best serves the CITY’s interests, the CITY may do any one or more of the following:
Reject any Proposal or all Proposals at its sole
discretion…”
(See Exhibit 4-020 for Glendale City’s RFP Reservation of Rights, Section “C”)
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E. Accordingly, Hard Eight is Legally Precluded from Suing Glendale City Here, and from Rescinding Glendale City’s Contract with Mr.
Khanlarian:
“In a mandamus proceeding by a developer against a municipal Urban Renewal Agency to compel it to rescind a resolution selecting a competing developer as the only one qualified to proceed with an alternative redevelopment plan, the same considerations which precluded relief in mandamus prevented recovery for breach of contract, where all proposals were at all times by the terms of the agency request for bidders subject to the right of the agency to reject any proposal.” (See Old Town Development Corp. v. Urban Renewal Agency (1967), 249 Cal. App. 2d 313.)
II. Glendale City Faces Significant Liability for Contract Damages, Injunctions, and Attorney Fees in Favor of Mr. Khanlarian if Glendale City Now Rescinds Its Contract with Mr. Khanlarian
A. Unlike Hard Eight, Mr. Khanlarian Has Meritorious Claims against the City for Contract Damages, Amongst Other Damages:
1. Glendale City admits the City Awarded Contract to Mr. Khanlarian on June 10, 2025, which began September 1, 2025 for a five-year term. (See Exhibit 4: and Exhibits 1—3.)
2. Hard Eight Admits City Awarded Contract to Mr. Khanlarian on June 10, 2025. (See Exhibits 1—3.)
3. Mr. Khanlarian’s Contract Has Attorney Fee Provision. (See Exhibit 5-031.)
4. Inversely, the City’s Special City Council “Recommendation” does not create contractual obligations between the City and Hard Height as Hard Height Argues.
B. Unlike Hard Eight, Mr. Khanlarian Has Status Quo Possession for Injunction.
C. Unlike Hard Eight, Mr. Khanlarian Has Glendale Support, Not Just One So-Called “Recommendation”:
1. June 10, 2025 Glendale Council Meeting Transcript (See Exhibit 6.)
2. Inversely, Hard Eight admits Mr. Khanlarian had wide-spread support for the City to award the contract to Mr. Khanlarian
D. Unlike Hard Eight, Mr. Khanlarian and Glendale City Face Irreparable Harm Absent Glendale City Honoring its Contract with Mr. Khanlarian
1. Injunctions against Glendale City and in favor of Mr. Khanlarian via Ex Parte Application for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction (See Exhibit 7 for Complaint Plaintiff Vigen Khanlarian vs. City of Glendale; see also Exhibit 8 for Plaintiff Vigen Khanlarian Ex Parte Application for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction.)
2. Perception of City “cowering” to Hard Eight “Muscling” into Glendale
3. Erosion of Glendale Resident’s Trust in Glendale City Council
III. Conclusion
Hard Eight Assumed the risk of rejection pursuant to the express terms of the City’s Request for Proposals here. Hard Eight only has hollow threats of litigation. But for Hard Eight filing its meritless lawsuit, Glendale City would not be here considering exposing itself to significant liability in favor of Mr. Khanlarian otherwise. Hard Eight’s sole option now is to go back to the drawing board; Hard Eight is a large business with sophisticated attorneys.
Very Truly Yours,
_______________________________
Arman Matevosyan, Esq.
EXHIBIT 1
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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ROGERS JOSEPH ODONNELL
Aaron P. Silberman (State Bar No. 161021)
[email protected]
Lauren K. Sujeeth (State Bar No. 259821)
[email protected]
Whitney R. Miner (State Bar No. 290825)
[email protected]
311 California Street
San Francisco, California 94104
Telephone: 415.956.2828
Facsimile: 415.956.6457
Attorneys for Petitioner
HARD EIGHT, INC. dba FIT, FUN,
TENNIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
HARD EIGHT, INC. dba FIT, FUN,
TENNIS,
Petitioner,
v.
CITY OF GLENDALE, a municipal entity,
and DOES 1 through 100,
Respondent,
and
VIGEN KHANLARIAN, an individual,
Real Party in Interest.
Case No.
PETITIONER HARD EIGHT, INC. dba
FIT, FUN TENNIS VERIFIED
PETITION FOR WRIT OF MANDATE;
COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF
(Cal. Civ. Code Proc. §§ 527, 1060, 1085,
1086)
25NNCP00637
Assigned for all purposes to: Alhambra Courthouse, Judicial Officer: Sarah Heidel Electronically FILED by
Superior Court of California,
County of Los Angeles
8/14/2025 3:59 PM
David W. Slayton,
Executive Officer/Clerk of Court,
By J. Jo-Fung, Deputy Clerk
2 5N r--.J CPO O 63 7
a California corporation,
KHANLARIAN EXHIBIT 1-001
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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Petitioner Hard Eight, Inc. dba Fit, Fun, Tennis (Petitioner or Hard Eight) seeks a writ of mandate pursuant to Sections 1085 and 1086 of the Code of Civil Procedure directing Respondent City of Glendale (Respondent or City) to vacate its award of the Glorietta Park Tennis Concession contract to a lower-scoring proposer, Real Party in Interest Vigen Khanlarian (Real Party in Interest or Khanlarian), and to reinstate the recommendation of Respondents Community Services & Parks Department that the contract be awarded to Petitioner, the highest-scoring and objectively evaluated proposer.
Respondent reached a decision unsupported by substantial evidence, acted arbitrarily, capriciously, and in violation of California Public Contract Code Sections 10344 10345 and its own published Request for Proposals (RFP) when it awarded a contract to Khanlarian based on subjective and post-hoc criteria not disclosed in the RFP or scored in the evaluation process.
By this Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief (the Petition), Petitioner alleges as follows:
THE PARTIES
1. Petitioner Hard Eight, Inc. is a California corporation doing business as Fit, Fun, Tennis, which is located in the City of Glendale and is dedicated to providing quality tennis instruction for local neighborhoods throughout the City of Glendale and promotes the game of tennis while creating a happier and healthier community.
2. On information and belief, Respondent City of Glendale is a municipal corporation and public agency located in Los Angeles County, subject to California law, governing public contracting and competitive bidding processes, and is charged with the authority to regulate and administer recreation, leisure and arts programs in the Southern California region, and within the City of Glendale specifically. Respondent is the lead agency tasked with approving the issuance of contracts at issue here to manage tennis court operations at Glorietta Park and Fremont Park in the City of Glendale under a Facility Use & Operating Agreement.
KHANLARIAN EXHIBIT 1-002
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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3. On information and belief, Real Party in Interest Vigen Khanlarian is an individual residing in the City of Glendale and is the vendor who was awarded the contract for operation of the tennis courts at Glorietta Park by Respondent which is scheduled to commence on or about September 1, 2025.
4. The true names and capacities of Respondents DOES 1-100, inclusive, are unknown to Petitioner who therefore sued such Respondents by such fictitious names pursuant to Code of Civil Procedure Section 474. Petitioner will, with leave of court if necessary, further amend this Petition when the true names and capacities of said DOE Respondents have been ascertained.
JURISDICTION, VENUE, AND EXHAUSTION OF ADMINISTRATIVE REMEDIES
5. This Court has jurisdiction of this proceeding pursuant to Sections 1085 and 1086 of the Code of Civil Procedure because Petitioner seeks to compel Respondent, a public agency, to perform its legal duties in a lawful and non-arbitrary manner.
6. Venue is proper in this Court pursuant to Section 394 of the Code of Civil Procedure because the acts performed by the Respondent, including the violations of law and statutes, took place in the City of Glendale. In addition, the contract will be implemented in the City of Glendale and will therefore affect members who reside in the City of Glendale, as further detailed herein.
7. Petitioner has a clear, present, and beneficial right to the performance of the duty imposed on Respondent to comply with all applicable provisions of the Public Contract Code Section 10344 (proposal shall be evaluated and scored using the methods specified in the request for proposal), Glendale City Charter, Art. VI, § 9, and the RFPs stated evaluation and award criteria.
8. Petitioner has exhausted all administrative remedies. Petitioner timely submitted two formal protest letters to Respondent on July 9, 2025 and July 29, 2025, both raising the issues now before this Court. Respondent denied the first protest and failed to respond to the second. No further protest or appellate procedures were available under the
KHANLARIAN EXHIBIT 1-003
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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RFP or City ordinances. In the alternative, exhaustion is excused because (a) no adequate administrative remedy existed; and/or (b) further pursuit of remedies would have been futile given the Respondents Councils final action and stated position.
BACKGROUND AND FACTUAL ALLEGATIONS
I. RESPONDENTS ISSUANCE OF AN RFP TO VENDORS TO MANAGE TENNIS COURTS, PETITIONERS BID FOR GLORIETTA PARK, AND THE CSPS RECOMMENDATION TO RESPONDENT
9. On December 17, 2024, Respondents Department of Community Services & Parks (CSP) issued a Request for Proposals (RFP) seeking qualified and experienced professionals to manage tennis court operations at two different locations in Glendale: Glorietta and Fremont Parks under a Facility Use & Operating Agreement for five years. See Exhibit 1 (RFP), pp. 17-19.
10. The RFP explained to bidders that Respondent would issue an award or awards to vendors based on the following eight factors with the associated weight attributable to them: (1) adherence to minimum requirements (pass/fail); (2) adherence to format (pass/fail); (3) experience and qualifications (20%); (4) proposed payment to the City (20%); (5) financial stability (15%); (6) range of services (15%); (7) daily operational plan (15%); and (8) advertising and marketing (15%). Id. The RFP further explained that the award will be based on a combination of factors that reflect the best candidate for completing the work and services, as determined by the [City], including: the proposal evaluation criteria described [above]; results of background and references checks; and results from interviews and presentation phase. Id. at p. 19.
11. Petitioner timely submitted a complete and compliant bid for operation of tennis courts at Glorietta Park. See Exhibit 2 (Petitioners Submission), p. 33.
12. On June 3, 2025, CSP informed Petitioner that CSP would recommend to the Respondents City Council at the regularly scheduled council meeting on June 10, 2025, that the City Council (1) accept the proposal submitted by Petitioner and enter into a contract for operation of the tennis courts at Glorietta Park; (2) accept the proposal by another
KHANLARIAN EXHIBIT 1-004
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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vendor, Glendale Tennis Academy, for operation of the tennis courts at Fremont Park; and (3) reject all other proposals because they were not as competitive. See Exhibit 4 (June 3, 2025 email).
II. THE CSPS RECOMMENDATION TO THE CITY COUNCIL TO AWARD
THE CONTRACT TO PETITIONER FOR OPERATION OF THE
GLORIETTA PARK COURTS OVER KHANLARIAN
13. CSP prepared a report to Respondents Special City Council with its motion, analysis and recommendations regarding the issuance of contracts for operation of tennis courts. See Exhibit 11 (CSP Report to the Special City Council). The report was prepared by CSPs Community Services Manager, the Assistant Director of CSP, approved by the City Manager, and submitted to Respondent by the Director of CSP and discussed at the June 10, 2025 hearing. Id.
14. In its report, CSP advised that Petitioner received the top score of 77 out of 85 points in Round 1 of scoring of the proposals (id. at 3) and 76 out of 85 in Round 2 of scoring. Id. at 4. CSP further advised that Hard Eights proposal for operation of the tennis courts at Glorietta Park provided the most detailed and comprehensive plan for new and continuing programs at the facility. New program proposals include social hours, free court time to the public, and a strong marketing plan to advertise new programs. This will be a new vendor to the location. Id. at 4. CSP further advised the shortcomings of other vendor and proposer, Vigen Khanlarian, noting that, while he was the current vendor, he did not effectively communicate his proposed court rental and lesson fees, payment to the City, or marketing plans during the interview or in his proposal. It was unclear from his proposal or interviews if courts would be available for free to the community, and his proposal offered no new programs or a marketing plan to invite new players or programs to the courts. Id. CSP further advised that, although Khanlarians proposed base payment to the City was higher than that of Hard Eight
, he offered no percentage of gross revenue, while Hard Eight proposed to pay 5% of gross revenue on top of its base payment. The percentage of gross revenue allows for a higher overall payment to the City with reduced payments in colder
KHANLARIAN EXHIBIT 1-005
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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months. Id. at 5.
III. RESPONDENTS SPECIAL CITY COUNCIL MEETING, ATTENDEES
COMMENTS IN FAVOR OF COMPETITOR VIGEN KHANLARIAN, AND
THE CITYS REJECTION OF THE MOTION TO APPROVE THE CSPS
RECOMMENDATION
15. During the hearing before Respondents Special City Council on June 10, many attendees voiced their support for awarding the five year contract for the operation of tennis courts at Glorietta Park to Khanlarian instead of Hard Eight, despite the Staffs Recommendation. See e.g., Exhibit 5 (June 10, 2025 transcript):
a. Attendee Meek stated I am an avid tennis player
I dont
know the hard eight group to know how they function and what I know that vegan [sic] was very good at taking care of the courts and being good to the people that play. Id. at 17:26; b. Attendee Torosan stated Mr. vegan [sic] is very reputable caring human being that has done his best for decades tried to accommodate to a lot of our needs. Id. at 22:44;
c. Attendee Artak stated I have had the privilege of work as a tennis coach at Gloria Tennis Courts uh side by side with coach Vegan [sic] Klaran since 1998 for over 28 years [and] I have witnessed coach Vigans unwavering dedication to the Glendale community under his leadership the Gloria tennis courts have become more that just a place to play tennis
. Id. at 24:29.
16. So many people voiced their support for Khanlarian that Khanlarian interjected okay please please all [
] my supporters dont clap thank you. Id. at 31:08.
17. The Senior Assistant City Attorney cautioned that despite all of these comments, Respondent must adhere to the selection process of the RFP:
In broad terms the law governing competitive solicitation requires that once a public agency establishes a selection process the agency must adhere to that selection process. Here the RFP states that the best candidate will be determined by
KHANLARIAN EXHIBIT 1-006
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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reference to the five criteria that the director mentioned in his presentation, the results of background and reference checks and the results of interviews and the presentation phase. The RFP also states that the city can take other actions when in the city's best interest including but not limited to reissuing an RFP potentially with different or differently weighted criteria or declining any proposal and potentially accepting another proposal but importantly those alternatives must have
evidentiary support derived through the selection process.
The law would not allow for instance; the city to consider an award based on criteria that was not stated in this in the RFP. So we're looking at the five criteria that the director mentioned, if the council wanted to consider criteria beyond those five, the appropriate legal mechanism would be to reissue an RFP with different or differently weighted criteria. Id. at 47 (emphasis added).
18. When Respondents Mayor inquired about the public comments and whether any of those were specifically scored in the RFP criteria, the Director of CSP responded that these would be considered as points that we developed [ ] internally. Id.
at 50:27 (emphasis added).
19. Respondents City Attorney further cautioned that, if Respondent were to place greater weight on an additional category or remove a category, that would require the [
] RFP to be reissued. Id. at 51:12 (emphasis added). The Mayor echoed this concern, advising I realize the support Vegan [sic] has [ ] its not about Vegan [sic] its
about following the RFP laws. Its about arbitrarily doing our scoring on the fly, eliminating categories, adding categories that are not included in the RFP. I dont believe its fair to any of the other proposers [
]. I think if you want to be fair we send this back and redo the RFP but I cant support what were doing now on the fly creating new categories[,] being a local guy[,] eliminating categories, advertising [
] range of services, daily operation plan, and
saying that [
] scores [
.] enough for Vegan [sic]. Id. at 1:27:38.
20. Councilmember Ardy Kassakhian moved to reject the CSPs recommendation and instead favor the lowest-scoring proposer, citing generalized concerns about community connection and subjective history, none of which were part of the published criteria. Id. at 1:00:25. The Mayor reiterated that he saw a violation of certain rules here. Id. at 1:30:56.
KHANLARIAN EXHIBIT 1-007
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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21. Respondent thereafter rejected the recommendation to award Glorietta Park to Hard Eight and instead awarded the contract to Khanlarian. Id.
IV. PETITIONERS SUBMISSION OF PROTEST LETTERS AND
RESPONDENTS DENIAL
22. Petitioner submitted a formal protest letter on July 9, 2025, citing Respondents violation of procedures set forth in the RFP, its arbitrary and capricious conduct, and the procedural unfairness of its overturning an award without transparency. See Exhibit 6 (July 9, 2025 Letter).
23. On July 29, 2025, Respondent denied Petitioners protest, asserting that the RFP did not provide for post-award protests and that Respondent had broad discretion to override staff recommendations. See Exhibit 8 (July 29, 2025 Letter).
24. On July 29, 2025, Petitioner submitted a second protest letter. See Exhibit 7 (July 29, 2025 Second Protest Letter). As of the time that Petitioner prepared this Verified Petitio for Writ of Mandate, Respondent has not responded to the Petitioners Second Protest Letter.
25. On July 28, 2025, Petitioner submitted a public records request to Respondent seeking communications involving Responding regarding the RFP, internal materials and all communications with third parties that influenced or discussed the rationale for reversing the award. See Exhibit 9 (July 28, 2025 Letter).
26. On August 7, 2025, Respondent responded that it would provide a complete response to Petitioners request on August 21, 2025. See Exhibit 10 (August 7, 2025 Email).
27. On information and belief, Respondent intends to allow the Real Party in Interest to begin operations at Glorietta Park on or about September 1, 2025, which would involve public announcements, scheduling, advertising, and an official onboarding process.
See Exhibit 3 (Screenshot of PowerPoint from City Councils June 10, 2025 hearing), p. 2. //
KHANLARIAN EXHIBIT 1-008
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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LEGAL STANDARDS
28. A writ of mandate pursuant to Code of Civil Procedure §§ 1085 and 1086 is the appropriate vehicle to compel a public agency to perform a legal duty or to set aside action taken in violation of law. See Manderson-Saleh v. Regents of the Univ. of Cal. (2021) 60 Cal.App.5th 674, 692 citing American Board of Cosmetic Surgery v. Medical Board of California (2008) 162 Cal.App.4th 534.
29. To obtain relief under § 1085, a petitioner must show: (1) a clear, present, and ministerial duty on the part of the respondent; (2) a beneficial interest on the part of the petitioner; and (3) that the respondents action constituted a prejudicial abuse of discretion. An abuse of discretion exists where the agency has failed to proceed in the manner required by law, where the decision is not supported by substantial evidence, or where the action is arbitrary, capricious, or procedurally unfair. Cal. Hotel & Motel Assn. v. Indus.
Welfare Com. (1979) 25 Cal.3d 200, 212; Rivero v. Lake County Bd. of Supervisors (2014) 232 Cal.App.4th 1187, 11931194.
30. In reviewing a § 1085 petition, the court applies the substantial evidence test to the agencys factual determinations but exercises independent judgment on questions of law, including whether the agency acted in accordance with governing statutes, regulations, or its own procedures. Manderson-Saleh, supra, 60 Cal.App.5th at 693.
31. A public entitys award of a contract, and all acts leading up to that award, are legislative in character and subject to review by ordinary mandamus under section 1085. Mike Moores 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303. Judicial review is limited to determining whether the action was arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. Eel River Disposal & Resource Recovery, Inc. v. Cnty. of Humboldt (2013) 221 Cal.App.4th 209, 224.
32. Although Glendale is a charter city, its procurement process remains subject to general principles of California public contracting law, including the requirement
KHANLARIAN EXHIBIT 1-009
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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that it comply with its own published RFP procedures. See Public Contract Code Section 10344 (proposal shall be evaluated and scored using the methods specified in the request for proposal), Glendale City Charter, Art. VI, Section 9, and the RFPs stated evaluation and award criteria. An agency may not disregard its scoring results or substitute new, undisclosed criteria without reissuing the RFP, and section 10345 grants bidders the right to protest improper contract awards if the agency, inter alia, failed to evaluate and score the proposals as specified in the request for proposal or used the evaluation and selection procedure stated in the RFP, but nonetheless proposed to award the contract to a bidder other than the lowest responsible bidder or to a bidder other than the bidder given the highest score by the agency evaluation committee.
FIRST CAUSE OF ACTION
Petition for Writ of Mandate (Code of Civil Procedure §§ 1085-1086) against Respondent
33. Petitioner realleges and incorporates herein by reference all the allegations of Paragraphs 1 through 32, inclusive, of this Petition.
34. Respondents actions constitute a prejudicial abuse of discretion and were arbitrary, capricious, procedurally unfair, and contrary to law in that Respondent failed to proceed in the manner required by law and the RFP, considered improper and undisclosed criteria, disregarded the mandatory scoring results, and reached a decision unsupported by substantial evidence.
35. Specifically, Respondent: (a) ignored the RFPs stated evaluation criteria and adopted new, subjective factors (community connection and history) without reissuing the RFP; (b) overrode the unanimous staff recommendation in favor of Petitioner, the highest-scoring proposer, without evidentiary basis; (c) acted contrary to Public Contract Code Section 10344 (proposal shall be evaluated and scored using the methods specified in the request for proposal), Glendale City Charter, Art. VI, Section 9, and the RFPs stated evaluation and award criteria; and (d) failed to maintain fairness, transparency, and equal
KHANLARIAN EXHIBIT 1-010
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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treatment of proposers.
SECOND CAUSE OF ACTION
Complaint for Injunctive Relief (Code of Civil Procedure § 527) against Respondent
36. Petitioner realleges and incorporates herein by reference all the allegations of Paragraphs 1 through 35, inclusive, of this Petition.
37. Unless restrained, Respondent will proceed to implement the improperly awarded contract on or about September 1, 2025, causing Petitioner irreparable injury, including: loss of the five-year concession opportunity; lost revenue and goodwill; impairment of competitive standing; and the inability to recover such losses through monetary damages.
38. Petitioner has no adequate remedy at law for these injuries.
39. Respondents contract award was made in violation of applicable law, was arbitrary and capricious, and will irreparably harm Petitioner if not enjoined pending resolution of this action.
THIRD CAUSE OF ACTION
Complaint for Declaratory Relief (Code of Civil Procedure § 1060) against Respondent
40. Petitioner realleges and incorporates herein by reference all the allegations of Paragraphs 1 through 39, inclusive, of this Petition.
41. An actual, present controversy exists between Petitioner and Respondent concerning the legality of Respondents June 10, 2025 contract award.
42. Petitioner contends the award is invalid because it violates the Public Contract Code, the Citys own RFP terms, and fundamental principles of competitive bidding law. Respondent disputes this contention.
43. Petitioner seeks a judicial declaration that the June 10, 2025 award is void, without legal effect, and must be vacated.
44. Such a declaration is necessary and appropriate to resolve this dispute and to guide the parties future conduct.
KHANLARIAN EXHIBIT 1-011
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS VERIFIED PETITION FOR WRIT OF MANDATE; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 587968.1
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PRAYER
WHEREFORE, Petitioner prays for judgment as follows:
1. On the First Cause of Action, issuance of a peremptory writ of mandate commanding Respondent to:
a. Vacate and set aside its June 10, 2025 contract award for the Glorietta Park Tennis Concession;
b. Reinstate Petitioners proposal as the highest-scoring, recommended awardee; or, in the alternative;
c. Re-issue the RFP with clearly stated, objective criteria and procedures consistent with applicable law, without giving preference to any prior proposer.
2. On the Second Cause of Action, a preliminary and permanent injunction restraining Respondent from performing or implementing any part of the awarded contract to Real Party in Interest during the pendency of this action;
3. On the Third Cause of Action, a judicial declaration that the June 10, 2025 contract award is void, invalid, and without legal effect; //
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KHANLARIAN EXHIBIT 1-012
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4• Award of attorneys' fees pursuant to Code of Civil Procedure§ I 021.5 and any other applicable law.
5• Costs of suit.
6• Such other and further equitable or legal relief as the Court deems just and proper.
6 Dated: August 13, 2025 ROGERS JOSEPH O'DONNELL
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28 By: 4A h~ 7<-~ ARm P. sILBERMAN
LAUREN K. SUJEETH
WHITNEY R. MINER
Attorneys for Petitioner
HARD EIGHT, INC. dba FIT,
FUN, TENNIS
VERIFICATION
I, Jessica Pratt, am the Chief Executive Otlicer of Petitioner HARD EIGHT, INC. dba FIT, FUN, TENNIS, in the above-entitled action . I am authorized to make this verification on behalf of Petitioner.
I have read the foregoing VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF and know its contents.
The matters stated in the Petition are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed onAu9y ~ t 12 , 2025, atU/ Cresceol~ , California .
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS' VERIFIED PETITION FOR WRITOF MANDATE;
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
587968.1
KHANLARIAN EXHIBIT 1-013
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GW~--
Jes~
Chief Executive Officer
Petitioner HARD EIGHT, INC.
dba FIT, FUN, TENNIS
PETITIONER HARD EIGHT, INC. dba FIT, FUN TENNIS ' VERIFIED PETITION FOR WRIT OF MANDAT E;
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
587968.1
KHANLARIAN EXHIBIT 1-014
EXHIBIT 2
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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ROGERS JOSEPH O’DONNELL
Aaron P. Silberman (State Bar No. 161021)
[email protected]
Lauren K. Sujeeth (State Bar No. 259821)
[email protected]
Whitney R. Miner (State Bar No. 290825)
[email protected]
311 California Street
San Francisco, California 94104
Telephone: 415.956.2828
Facsimile: 415.956.6457
Attorneys for Petitioner
HARD EIGHT, INC. dba FIT, FUN,
TENNIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
HARD EIGHT, INC. dba FIT, FUN,
TENNIS, a California corporation,
Petitioner,
vs.
CITY OF GLENDALE, a municipal entity,
Respondent,
and
VIGEN KHANLARIAN, an individual,
Real Party in Interest.
Case No. 25NNCP00637
PETITIONER HARD EIGHT, INC. dba
FIT, FUN, TENNIS’ EX PARTE
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND ORDER
TO SHOW CAUSE RE PRELIMINARY
INJUNCTION; MEMORANDUM OF
POINTS AND AUTHORITIES IN
SUPPORT THEREOF
[Declarations of Jessica Pratt and Whitney
R. Miner submitted concurrently herewith]
Remote Appearance of Counsel Per L.R.
3.672
Date: August 20, 2025
Time: 8:30 a.m.
Dept.: V
Judge: Sarah J. Heidel
Petition Filed: August 14, 2025
KHANLARIAN EXHIBIT 2- 001
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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NOTICE OF EX PARTE APPLICATION AND EX PARTE APPLICATION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on August 20, 2025 in Department V of the above entitled-court located at 150 West Commonwealth, Alhambra, California Petitioner Hard Eight, Inc. dba Fit, Fun, Tennis (“Hard Eight” or “Petitioner”) will and hereby does apply ex parte for a Temporary Restraining Order pursuant to California Rules of Court 3.1200 et seq. and Code of Civil Procedure section 526 restraining and enjoining Respondent City of Glendale (“City” or “Respondent”), and its agents, assigns, partners, employees, attorneys, and any individual or entity acting in concert with it, from performance of the awarded contract to the lower-ranked vendor and proposer, Vigen Khanlarian (“Khanlarian” or “Real Party in Interest”), for operation of tennis programs at Glorietta Park during the pendency of this action and pending a hearing on a Preliminary Injunction. The awarded contract is set to go into effect on or about September 1, 2025.
Hard Eight further requests that this Court issue an Order to Show Cause pursuant to California Rules of Court Rule 3.1150 and Code of Civil Procedure 527 ordering City to appear and show cause why a Preliminary Injunction should not issue restraining and enjoining City in the same manner for the remainder of this litigation.
This Application for the injunctive relief requested in the [Proposed] Temporary Restraining Order, filed with this Application, is made on the grounds that the conduct Hard Eight seeks to enjoin will cause Hard Eight immediate and irreparable injury, as detailed in the accompanying Declaration of Jessica Pratt, by way of loss of contract and revenue for the upcoming program cycle, loss of goodwill and trust in the Glendale community, cancellation of Hard Eight’s already-planned Fall 2025 programming, and damage to Hard Eight’s reputation as a top-tier public partner.
Hard Eight has filed a Verified Petition for Writ of Mandamus and Complaint for Injunctive and Declaratory and Injunctive Relief in this action requesting that this Court issue a writ directing the City to vacate its June 10, 2025 contract award, reinstate Hard Eight’s
KHANLARIAN EXHIBIT 2- 002
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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proposal in response to the City’s Request for Proposals for tennis operations at Fremont & Glorietta Parks as the recommended awardee of the Glorietta Park contract based on the evaluation scoring, enjoin further performance of the awarded contract during the pendency of this action, and grant any other relief this Court deems just and proper. Hard Eight attaches a copy of this Verified Petition and Complaint here as Exhibit A pursuant to Rule 3.1150(b).
This Application is based on the attached Memorandum of Points and Authorities, the Declarations of Jessica Pratt and Whitney R. Miner, and the [Proposed] Order for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction, all filed concurrently herewith, as well as Hard Eight’s Verified Petition for Writ of Mandamus and Complaint for Injunctive and Declaratory Relief on file (and attached hereto as Exhibit A) and upon such other and further evidence and arguments as may be offered at the time of the hearing on this application.
Dated: August 18, 2025 ROGERS JOSEPH O'DONNELL
By: ________________________
AARON P. SILBERMAN
LAUREN K. SUJEETH
WHITNEY R. MINER
Attorneys for Petitioner
HARD EIGHT, INC. dba FIT, FUN,
TENNIS
KHANLARIAN EXHIBIT 2- 003
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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MEMORANDUM OF POINTS AND AUTHORITIES
Petitioner Hard Eight, Inc. dba Fit, Fun, Tennis (“Petitioner” or “Hard Eight”) submits this Memorandum of Points and Authorities in Support of its Ex Parte Application for a Temporary Restraining Order (TRO) and Order to Show Cause (OSC) re Preliminary Injunction (“Application”) against Defendant City of Glendale (the “City” or “Respondent”).
I. INTRODUCTION
Petitioner Hard Eight, Inc. dba Fit, Fun, Tennis (“Hard Eight”), is a Glendale- based tennis program operator with over a decade of experience providing community-based instruction. In December 2024, the City of Glendale issued a Request for Proposal (“RFP”) for five-year tennis operations contracts at Glorietta and Fremont Parks. Hard Eight submitted a timely proposal for Glorietta Park and, under the City’s published scoring criteria, ranked first with 76.5 out of 85 points—well ahead of the next proposer.
City staff recommended awarding the Glorietta Park contract to Hard Eight. At its June 10, 2025 meeting, however, the City Council rejected that recommendation and awarded the contract to Real Party in Interest Vigen Khanlarian, the lowest- ranked proposer,
citing undisclosed and subjective factors not in the RFP. Multiple City officials warned this would violate procurement law, but the Council proceeded.
Ha
rd Eight’s protest under Public Contract Code § 10344 and Glendale City Charter Art. VI, § 9, was denied. The City now intends to allow Khanlarian to begin operations at Glorietta Park under the new contract beginning on September 1, 2025. Without immediate relief, Hard Eight will lose the contract, revenue, goodwill, and the opportunity for meaningful judicial review. This application seeks to preserve the status quo until the merits of Hard Eight’s concurrently filed Verified Petition for Writ of Mandate can be adjudicated.
II. FACTUAL AND PROCEDURAL BACKGROUND
Hard Eight has operated successful community-based tennis programs in Southern California for over a decade, with a focus on affordable access, youth engagement, and inclusive instruction. Declaration of Jessica Pratt (“Pratt Declaration”), ¶ 2. Hard Eight
KHANLARIAN EXHIBIT 2- 004
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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has built strong partnerships with public entities and served thousands of students across Los Angeles County. Id.
In December 2024, the City of Glendale issued a Request for Proposals (RFP) seeking qualified vendors to operate the tennis programs at Glorietta Park and Fremont Park.
Id. at ¶ 3. The RFP included specific evaluation criteria, including experience, pricing, community programming, and references. Id. No criteria were provided for subjective preference, community history, or emotional testimony. Id.
Hard Eight submitted a timely and complete proposal for Glorietta Park, which was evaluated in accordance with the City’s published criteria. Id. at ¶ 4. In May 2025, Hard Eight was notified that its proposal received the highest score among all proposers for Glorietta Park — specifically, it earned 76.5 points out of a possible 85 (90%) with the next highest scores being significantly lower. Id. at ¶ 5.
On June 3, 2025, Hard Eight received official notification from Onnig Bulanikian, Director of the Community Services & Parks Department, confirming that his department would recommend to the City Council that Hard Eight be awarded the Glorietta Park contract. Id. at ¶ 6. The letter stated that all other proposals would be rejected as less competitive. Id.
However, at the June 10, 2025 City Council meeting, despite this clear recommendation, the Council voted to reject Hard Eight’s proposal and instead award the contract to the lowest-ranked proposer, whose proposal had been recommended for rejection by City staff. Id. at ¶ 7. His score was 62 (73%). Id. There was a 14.5-point difference between H
ard Eight and Vigen Khanlarian. Id. During that hearing, multiple City officials warned the Council against deviating from the RFP criteria: City Attorney Michael Garcia advised that using non-disclosed criteria would expose the City to litigation; Mayor Najarian stated: “If the top scoring proposer met the criteria we created, I don't see how we justify awarding it to someone else”; and Senior Assistant Attorney Aaron Israel further warned that ignoring the scoring process would violate legal standards. Id. at ¶ 8. Councilmembers proceeded anyway,
KHANLARIAN EXHIBIT 2- 005
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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openly citing personal feelings and community preference, despite those factors not being scored or disclosed as part of the RFP process. Id. For example, one Councilmember stated: “I know they scored highest. But I’m more interested in the community they serve—this other group’s been around longer.” Id.
This reversal occurred without public re-issuance of the RFP and without providing any opportunity for Hard Eight to respond or address concerns. Id. at ¶ 10. The decision appeared to reflect bias or favoritism, rather than objective adherence to the City’s procurement procedures. Id.
On July 9, 2025, Hard Eight submitted a formal written protest asserting vi
olations of Public Contract Code § 10344, arbitrary action under CCP § 1085, and denial of due process. Id. at ¶ 11. T
he City formally rejected that protest in a letter dated July 29, 2025, claiming no appeal mechanism existed. Hard Eight filed a second letter on July 29th but r
eceived no reply as of the date of this Ex Parte Application. Id. Hard Eight has since learned that the City intends to allow the alternate vendor to begin operations at Glorietta Park on or about September 1, 2025. Id. at ¶ 12. Hard Eight understands this would involve public announcements, scheduling, advertising, and an official onboarding process. Id.
III. NO K
NOWN COUNSEL OF RECORD FOR RESPONDENT OR REAL PARTY
IN INTEREST AT THIS TIME AND NO PRIOR EX PARTE APPLICATIONS Pursuant to California Rule of Court 3.1202(a)-(b), Hard Eight does not have any information to identify counsel of record for either City or Real Party in Interest at this time.
Declaration of Whitney R. Miner (“Miner Decl.”), ¶ 5. Hard Eight has not previously made any ex parte applications in this matter before. Id.
IV. ARGUMENT
A court may issue a temporary restraining order when it appears from the facts shown by affidavit that great or irreparable injury will result to the applicant before the matter can be heard on notice. Code of Civ. Proc. § 527(c)(1). In deciding whether to issue a temporary restraining order, courts evaluate (1) the likelihood that a plaintiff will prevail on the merits at trial; and (2) the harm the plaintiff is likely to sustain should the restraining order be
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HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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denied compared to the harm the defendants are likely to suffer should the order be issued.
Church of Christ in Hollywood v. Superior Court (2002) 99 Cal.App.4th 1244, 1251. A temporary restraining order is distinguishable from a preliminary injunction in that it may be issued ex parte, a bond is not required, and it is of short duration. Chico Feminist Women's Health Center v. Scully (1989) 208 Cal.App.3d 230, 237, Fn. 1. The purpose of a temporary restraining order is to keep the subject of the litigation in status quo pending a final determination on the merits. Gray v. Bybee (1943) 60 Cal.App.2d 564, 571. “Status quo” has been defined as “the last actual peaceable, uncontested status which preceded the pending controversy.” Voorhies v. Greene (1983) 139 Cal.App.3d 989, 995.
A. Hard Eight Is Likely to Prevail on Its Claims Against the City for a Petition for Writ of Mandate, Declaratory Relief, and Injunctive Relief A writ of mandate pursuant to Code of Civil Procedure §§ 1085 and 1086 is the appropriate vehicle to compel a public agency to perform a legal duty or to set aside action taken in violation of law. See Manderson-Saleh v. Regents of the Univ. of Cal. (2021) 60 Cal.App.5th 674, 692 citing American Board of Cosmetic Surgery v. Medical Board of California (2008) 162 Cal.App.4th 534. To obtain relief under Section 1085, a petitioner must show: (1) a clear, present, and ministerial duty on the part of the respondent; (2) a beneficial interest on the part of the petitioner; and (3) that the respondent’s action constituted a prejudicial abuse of discretion. An abuse of discretion exists where the agency has failed to proceed in the manner required by law, where the decision is not supported by substantial evidence, or where the action is arbitrary, capricious, or procedurally unfair. Cal. Hotel & Motel Assn. v. Indus. Welfare Com. (1979) 25 Cal.3d 200, 212; Rivero v. Lake County Bd. of Supervisors (2014) 232 Cal.App.4th 1187, 1193–1194. The court applies the substantial evidence test to the agency’s factual determinations but exercises independent judgment on questions of law, including whether the agency acted in accordance with governing statutes, regulations, or its own procedures. Manderson-Saleh, supra, 60 Cal.App.5th at 693. A public entity’s award of a contract, and all acts leading up to that award, are legislative in character
KHANLARIAN EXHIBIT 2- 007
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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and subject to review by ordinary mandamus under section 1085. Mike Moore’s 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303. Judicial review is limited to determining whether the action was arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. Eel River Disposal & Resource Recovery, Inc. v. Cnty. of Humboldt (2013) 221 Cal.App.4th 209, 224.
Although Glendale is a charter city, its procurement process remains subject to ge
neral principles of California public contracting law, including the requirement that it comply with its own published RFP pr
ocedures. See Public Contract Code § 10344 (proposal shall be e
valuated and scored “using the methods specified in the request for proposal”); Glendale City Charter, Art. VI, Section 9 (“[…] no contract for supplies, material, labor, or other valuable consideration, or for the […] maintenance of public works shall be authorized by the council except to the lowest responsible bidder after competitive bidding”), and the RFP’s stated evaluation and award criteria. An agency may not disregard its scoring results or substitute new, undisclosed criteria without reissuing the RFP, and section 10345 grants bidders the right to protest improper contract awards if the agency, inter alia, failed to evaluate and score the proposals as specified in the RFP or used the evaluation and selection procedure stated in the RFP, but nonetheless proposed to award the contract to a bidder other than the lowest responsible bidder or to a bidder other than the bidder given the highest score by the agency evaluation committee.
Her
e, the City: (a) ignored the RFP’s stated evaluation criteria and adopted new, subjective factors (“community connection” and “history”) without reissuing the RFP; (b) overrode the unanimous staff recommendation in favor of Petitioner, the highest-scoring proposer, without evidentiary basis; (c) acted contrary to Public Contract Code Section 10344, Glendale City Charter, Art. VI, Section 9, and the RFP’s stated evaluation and award criteria; and (d) failed to maintain fairness, transparency, and equal treatment of proposers. During the hearing, multiple City officials warned the City’s Council against deviating from the RFP criteria: City Attorney Michael Garcia advised that using non-disclosed criteria would expose
KHANLARIAN EXHIBIT 2- 008
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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the City to litigation; Mayor Najarian stated: “If the top scoring proposer met the criteria we created, I don't see how we justify awarding it to someone else”; and Senior Assistant Attorney Aaron Israel further warned that ignoring the scoring process would violate legal standards. Id. at ¶ 8. Councilmembers proceeded anyway, openly citing personal feelings and community preference, despite those factors not being scored or disclosed as part of the RFP process. Id.
One Councilmember stated: “I know they scored highest. But I’m more interested in the community they serve—this other group’s been around longer.” Id.
Hard Eight will prevail on its claims and this Court should therefore issue the TRO and an order to show cause why a preliminary injunction should also not be issued.
B. The Balance of Harm to Hard Eight Grossly Outweighs Any Harm to the City and Real Party in Interest Vigen Khanlarian Such That This Court Should Issue the TRO and an OSC re a Preliminary Injunction As stated in the declaration of Hard Eight’s Chief Executive Officer, Jessica Pratt, Hard Eight will suffer immediate, irreparable injury if a temporary restraining order is not issued. See generally Declaration of Jessica Pratt (“Pratt Decl.”). Indeed, Hard Eight will lose income from a 5-year contract and associated revenue for the upcoming program cycle, loss of goodwill and trust in the Glendale community, cancellation of an already-planned Fall 2025 programming, and damage to Hard Eight’s reputation as a top-tier public partner. Pratt Declaration, ¶ 13. There is also a substantial risk that Hard Eight’s legal challenge will be rendered moot once the contract begins and operations are underway. Id. Conversely, neither the City of Glendale nor the current vendor of the tennis courts, Vigen Khanlarian, will suffer any harm if a temporary restraining order and an OSC re preliminary injunction issues. Indeed, Khanlarian is the current vendor who operates the tennis courts at Glorietta Park, and therefore there is currently an operator already providing tennis services to the public. By preserving the status quo, Khanlarian could either keep performing under the current contract, or, if it will expire, the City can issue a short term extension under that contract until Hard Eight’s Petition is decided.
KHANLARIAN EXHIBIT 2- 009
HARD EIGHT, INC. dba FIT, FUN, TENNIS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION – Case No. 25NNCP00637 587990.1
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V. CONCLUSION
For all of the foregoing reasons, Hard Eight respectfully requests that this Court grant its Application for Temporary Restraining Order and Order to Show Cause Re:
Preliminary Injunction.
Dated: August 18, 2025 ROGERS JOSEPH O'DONNELL
By: ________________________
AARON P. SILBERMAN
LAUREN K. SUJEETH
WHITNEY R. MINER
Attorneys for Petitioner
HARD EIGHT, INC. dba FIT, FUN,
TENNIS
KHANLARIAN EXHIBIT 2- 010
EXHIBIT 3
A G E N D A
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COUNCIL CHAMBERS
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KHANLARIAN EXHIBIT 3-001
PUBLIC COMMENT GUIDELINES
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1. Name (optional); and
2. Agenda item to which you are submitting public comment
3. Submit no later than 12:00 p.m. on the day of the City Council meeting. Correspondence received after this time may not be distributed until the following business day.
All documents related to open session items on this agenda that are received less than 72 hours prior to this meeting, and are public records, will be available for review in the Office of the City Clerk, 613 E. Broadway, Room 110, Glendale, CA 91206.
Submitting Speaker Cards or Calling In for Public Comment :
Speaker cards must be submitted, and telephonic participants must call in and be in the call-in queue PRIOR to the completion of the verbal staff report on the agenda item (unless waived by the Mayor). Any audio-visual files displayed by speakers must be emailed to the Clerk’s office by 12:00 pm on the day before a Council meeting.
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KHANLARIAN EXHIBIT 3-002
SEPTEMBER 30, 2025
ROLL CALL
- 1:00 PM
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, September 30, 2025 Special Public Meeting of the City Council was posted on September 26, 2025, on the Bulletin Board Outside City Hall.
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 1:00 PM on Tuesday, September 30, 2025, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Community Services and Parks, re: Rescission of Award of Contract for Operation of Tennis Courts at Glorietta Park
1. Motion rescinding the City Council’s approval of June 10, 2025, to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and approving the award of a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Hard Eight, Inc., on terms more particularly described in the report of the Director of Community Services & Parks dated June 10, 2025, and authorizing the City Manager to execute the contract
2. Motion rescinding the City Council’s approval of June 10, 2025, to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and directing staff to revise the Request for Proposal for Operation of T ennis Courts at Glorietta Park (RFP) and, upon City Council approval thereof, reissue the RFP
2. Public Works, re: Dispensing with Competitive Bidding and Authorizing an Amendment to the Agreement for Furniture Consultation, Design, Procurement and Installation Services for a Grant Funded Furniture Procurement for Central Library
1. Resolution dispensing with competitive bidding and authorizing the City Manager or a designee to execute an amendment to the agreement for Furniture Consultation, Design, Procurement and Installation Services with J K Miklin, Inc. DBA Yamada (8000007) increasing the contract amount by $400,000 and extending the duration to June 30, 2026.
ADJOURNMENT
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KHANLARIAN EXHIBIT 3-003
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Rescission of Award of Contract for Operation of Tennis Courts at Glorietta Park
1. Motion rescinding the City Council’s approval of June 10, 2025, to award a five- year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and approving the award of a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Hard Eight, Inc., on terms more particularly described in the report of the Director of Community Services & Parks dated June 10, 2025, and authorizing the City Manager to execute the contract.
2. Motion rescinding the City Council’s approval of June 10, 2025, to award a five- year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and directing staff to revise the Request for Proposal for Operation of Tennis Courts at Glorietta Park (RFP) and, upon City Council approval thereof, reissue the RFP.
COUNCIL ACTION
Item Type: Action Item
Approved for September 30, 2025 calendar
EXECUTIVE SUMMARY
On December 17, 2024, Community Services & Parks (CSP) issued an RFP for operation of the tennis courts at Fremont and Glorietta Parks. The City received eight proposals from seven distinct proposers for operation of the Glorietta Park tennis courts. Three proposers, Hard Eight, Inc., LA Tennis, Inc., and Vigen Khanlarian, met the minimum qualifications and were granted interviews. After two rounds of interviews, CSP recommended that the City Council approve the award of a contract to Hard Eight, Inc., for operation of the Glorietta Park tennis courts.
On June 10, 2025, the Council passed a motion approving the award of a contract for operation of the Glorietta Park tennis courts to Vigen Khanlarian and rejecting all other proposals. The new contract term was anticipated to begin on September 1, 2025. 4 of 116
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On August 14, 2025, Hard Eight, Inc., filed a Petition for Writ of Mandate in Los Angeles County Superior Court, in sum alleging that the contract award was unlawful and seeking an order compelling the City to invalidate it and either reinstate Hard Eight, Inc., as the highest scoring, recommended awardee, or, in the alternative, to reissue the RFP. On August 20, 2025, the City stipulated that the Council would consider these alternatives on or before September 30, 2025, staying Hard Eight, Inc.’s petition.
If the Council directs staff to revise and reissue the RFP for operation of tennis courts at Glorietta Park, the Council may provide preliminary input as to whether, and in what manner, the Evaluation Criteria should be revised. Once the RFP is revised accordingly, staff will return to the Council for review and approval of the revised RFP.
RECOMMENDATION
That the City Council pass a motion rescinding its approval to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to- year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and either (1) approve the award of a five- year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Hard Eight, Inc., on terms more particularly described in the report of the CSP Director dated June 10, 2025, and authorize the City Manager to execute the contract; or, in the alternative, (2) direct staff to revise the RFP and, upon Council approval thereof, reissue the RFP.
ANALYSIS
On December 17, 2024, CSP issued the RFP for operation of the tennis courts as Fremont and Glorietta Parks as the operative contracts were expiring. The City received a total of eight proposals from seven distinct proposers for operation of the Glorietta Park tennis courts. In the initial review of proposals, four proposers (who collectively submitted five proposals) were disqualified for not meeting the minimum requirements stated in the RFP. The three remaining proposers, Hard Eight, Inc., LA Tennis, Inc, and Vigen Khanlarian, were first interviewed by a panel of three management and executive-level staff members from other cities, then by a panel of three City management and executive- level staff members.
The external and internal panels each scored the three finalists on an 85-points scale comprising a maximum of 20 points for experience and qualifications, 20 points for proposed payment to the City, 15 points for range of services, 15 points for daily operational plan, and 15 points for advertising and marketing. The external panel gave an average score of 77 to Hard Eight, Inc, 71.66 to LA Tennis, Inc., and 61.33 to Vigen Khanlarian. The internal panel gave an average score of 76 to Hard Eight, Inc., 59 to LA Tennis, Inc., and 62.66 to Vigen Khanlarian.
Based on the interviews and each proposal’s satisfaction of the criteria, Hard Eight, Inc., was the highest-ranking proposer for operation of the tennis courts at Glorietta Park; thus, the CSP Director recommended Hard Eight, Inc., for award of a new contract to operate there. The CSP Director’s report dated June 10, 2025, is attached as Exhibit 1. 5 of 116
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On June 10, 2025, after receiving the Director’s report, hearing public testimony, and deliberating the recommended award, the City Council passed a motion approving the award of a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian; authorizing the City Manager to execute the contract; and rejecting all other proposals submitted in response to the RFP. The new contract term was anticipated to begin on September 1, 2025.
On August 14, 2025, Hard Eight, Inc., filed a Petition for Writ of Mandate in Los Angeles County Superior Court captioned Hard Eight, Inc. v. City of Glendale, Case No. 25NNCP00637, alleging that the contract award was unlawful and seeking an order compelling the City to invalidate it and either reinstate Hard Eight, Inc., as the highest- scoring, recommended awardee, or, in the alternative, reissue the RFP. The Writ Petition is attached as Exhibit 2.
On August 20, 2025, the City and Hard Eight, Inc., entered into a stipulation, approved by the Superior Court, whereby the above-captioned matter would be stayed for 45 days, through September 30, 2025, pending the Council’s consideration whether to award the contract for operation of the Glorietta Park tennis courts to Hard Eight, Inc., or direct the revision and reissuance of the RFP.
If the Council is inclined to pass Motion 2 directing staff to revise and reissue the RFP for operation of tennis courts at Glorietta Park, Council may provide preliminary input as to whether, and in what manner, the Evaluation Criteria set forth in Section V.A of the RFP should be revised. The Tennis Operations at Fremont & Glorietta Parks RFP 2025 is attached to the Director’s report of June 10, 2025. Once the RFP is revised, staff will return to the Council for review and approval of the revised RFP prior to its reissuance.
STAKEHOLDERS/OUTREACH
The CSP Department provides outdoor recreational activities throughout the City to improve the quality of life for residents and visitors. By utilizing vendors to oversee the operation of tennis activities at Glorietta Park, staff ensure that quality tennis lessons and programs can be offered, and reservations taken and made by the community, at a price-point like that in other cities in the area, without the need to hire additional City staff to operate the courts internally.
Stakeholders include City employees, residents and visitors to City facilities.
Staff previously advertised the RFP on the City’s website, the CSP monthly newsletter, and social media. Staff also reached out directly to all proposers from the previous RFP in 2014. In addition, staff kept a list of all inquiries made throughout the past 10 years and ensured that inquiring parties were notified directly of the RFP.
FISCAL IMPACT
There is no cost to the City for the award of a contract to operate the tennis courts at Glorietta Park. If the Council passes Motion 1, the City will generate concession 6 of 116
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revenue annually totaling $24,000 in base pay, plus 5% of gross revenue.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 in that consists of the operation, repair, or maintenance of existing public facilities involving negligible or no expansion of former use. Moreover, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, it is exempt from CEQA. (CEQA Guidelines Section 15061(b)(3).)
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report:
Officers of Hard Eight, Inc.:
Full Name Title Business Address City State Zip
Jessica Pratt CEO 2340 Shields St. La
Crescenta CA 91214
Christopher Pratt Chief Financial Officer 2340 Shields St. La Crescenta CA 91214
Vigen Khanlarian:
Full Name Title Business Address City State Zip
Vigen Khanlarian Sole Proprietor 5049 Carolyn Way Glendale CA 91214
ALTERNATIVES TO STAFF RECOMMENDATION
1) The Council may consider not rescinding its approval of June 10, 2025, to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract, which will necessitate further defense of Hard Eight, Inc. v. City of Glendale.
2) The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Onnig Bulanikian, Director of Community Services & Parks Prepared by:
Gabrielle Goglia, Community Services Manager
Tereza Aleksanian, Assistant Director of Community Services & Parks 7 of 116
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Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Report of the Director of Community Services & Parks dated June 10, 2025 Exhibit 2: Petition for Writ of Mandate in Hard Eight, Inc. v. City of Glendale (Exhibits to Writ Petition Omitted)
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MOTION 1
Moved by Council Member __________________________________________, seconded by Council Member ________________________________________, that, with respect to the report of the Director of Community Services & Parks dated September 30, 2025, the Council of the City of Glendale hereby rescinds its approval of June 10, 2025, to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and approves the award of a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Hard Eight, Inc., on terms more particularly described in the Director’s report dated June 10, 2025, and authorizes the City Manager to execute the contract.
Vote as Follows:
Ayes:
Noes:
Absent:
Abstain:
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MOTION 2
Moved by Council Member __________________________________________, seconded by Council Member ________________________________________, that, with respect to the report of the Director of Community Services & Parks dated September 30, 2025, the Council of the City of Glendale hereby rescinds its approval of June 10, 2025, to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to-year basis thereafter for up to five additional years, to Vigen Khanlarian, and authorization for the City Manager to execute the contract; and directs staff to revise the Request for Proposal for Operation of Tennis Courts at Glorietta Park (RFP) and, upon City Council approval thereof, reissue the RFP.
Vote as Follows:
Ayes:
Noes:
Absent:
Abstain:
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE SPECIAL CITY COUNCIL
AGENDA ITEM
Report: Award of Contract for Operation of Tennis Courts at Glorietta & Fremont Parks
1. Motion:
(1) Approving the CSP Director’s recommendation to award a five-year contract for operation of the tennis courts at Fremont Park, with the option to renew on a year-to- year basis for up to five additional years, to Glendale Tennis Academy, and authorize the City Manager to execute the contract;
(2) Approving the CSP Director’s recommendation to award a five-year contract for operation of the tennis courts at Glorietta Park, with the option to renew on a year-to- year basis for up to five additional years, to Hard Eight, Inc., and authorize the City Manager to execute the contract; and
(3) Rejecting all other proposals to operate the tennis courts at Fremont and Glorietta Parks as being less competitive than those submitted by the above-referenced parties.
COUNCIL ACTION
Item Type: Action Item
Approved for June 10, 2025 calendar
EXECUTIVE SUMMARY
On December 17, 2024, the Department of Community Services & Parks (CSP) issued a Request for Proposals (RFP) for the management and operation of Fremont and Glorietta Tennis Courts. Any suitably qualified tennis professional and/or company was eligible to apply, as long as the individual or company met the requirements of three years’ minimum experience operating a public tennis operation with a minimum of two courts. Experience must have included offering public open times on courts, tennis instruction, and coordinating tournaments.
The City received a total of 17 proposals from 11 unique proposers. More specifically, seven proposers submitted a total of eight proposals to operate the Glorietta Park tennis courts, and eight proposers submitted a total of nine proposals to operate the Fremont Park tennis courts. Five of the proposers—who collectively submitted seven proposals— met the minimum qualifications and were granted interviews.
Exhibit 1
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After conducting two rounds of interviews, CSP is recommending that contracts be awarded to Glendale Tennis Academy for operation of the tennis courts at Fremont Park, and to Hard Eight, Inc. for operation of the tennis courts at Glorietta Park.
RECOMMENDATION
That the City Council pass a motion approving the CSP Director’s recommended vendors for operation of tennis courts and authorizing the City Manager to enter into two agreements, each for an initial term of five years with the option to renew on a year-to- year basis, for up to five additional years, with: Glendale Tennis Academy at Fremont Park; and Hard Eight, Inc. at Glorietta Park.
ANALYSIS
CSP maintains 33 tennis courts at 10 sites throughout the City. CSP operates the tennis courts at three of the park locations under the supervision of a contracted concessionaire.
These locations are Fremont Park, Glorietta Park and Scholl Canyon Golf & Tennis.
Scholl Canyon Golf & Tennis is operated by American Golf and Tennis, which sublets the tennis operation to Glendale Tennis Academy (GTA). Until Fremont Park was closed, GTA operated the tennis courts there. The Fremont Park tennis courts have been closed since park construction began October 16, 2023, and are tentatively scheduled to be reopened in mid-July. The Glorietta Park tennis courts have been operated by an independent contractor since 1996. The current contractor at Glorietta Park has operated since March 2015 and will continue to operate pending award of a new contract as a result of the RFP.
In 2021, the City’s Internal Audit staff conducted an audit of the tennis concessions at Glorietta and Fremont Park tennis courts. Audit staff recommended that CSP require tennis concessionaires to utilize a reservation/registration software as well as financial software as part of the next contract. The purpose of Audit staff’s recommendation that tennis concessionaires utilize a reservation/registration system is to enable system reports that accurately capture patron information and revenue, and their recommendation to utilize financial software to adequately audit concessionaire revenue to ensure that they are paying the City the full percentage required in their contracts.
On December 17, 2024, CSP issued the RFP for management and operation of the Fremont and Glorietta tennis courts as the operative contracts were expiring. CSP included the utilization of (a) software system(s) in the RFP pursuant to the audit recommendations.
The City received a total of 17 proposals from 11 proposers for the operation of one or both of the tennis locations. In the initial review of proposals, six proposers (who collectively submitted 10 proposals) were disqualified for not meeting the minimum requirements stated in the RFP:
Tennis Mechanix (for the operation of Fremont)
Mher Ivynian (two proposals for the operation of Fremont and two proposals for 12 of 116
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the operation of Glorietta)
Homenetmen Ararat (for the operation of Fremont)
Khachatryan Tennis Academy (one proposal for the operation of Fremont and one proposal for the operation of Glorietta)
Artak Harutyunyan (for the operation of Glorietta
Arshot Arutyunyan & Oleg Simonyan (for the operation of Glorietta) CSP selected a panel of three management and executive-level staff members from other cities to conduct the first-round interviews, including the Assistant Director of Parks & Recreation for the City of Burbank, the Parks, Recreation & Community Services Superintendent for the City of Pasadena, and the Deputy Community Services Director for the City of Calabasas. This panel recommended the top three proposers for each location to be interviewed in a second round.
The second-round interviews were conducted by the Community Services Manager at CSP, the Assistant Director of CSP, and the Director of Library, Arts & Culture.
Below is the evaluation criteria and combined results of the interviews*:
1) Experience & Qualifications (20 points)
2) Proposed payment to the City (20 points)
3) Range of services (15 points)
4) Daily Operational Plan (15 points)
5) Advertising and marketing (15 points)
*The points listed below are an average assigned by each interviewer. The interview panels were unanimous in their ranking orders.
Round #1 Scores:
Proposers for Fremont operation:
Glendale
Tennis
Academy
Hard Eight,
Inc.
iTennis LA Tennis, Inc.
Total Points
(85 points)
78.66 77 76.5 71.33
Proposers for Glorietta operation:
Hard Eight,
Inc.
LA Tennis, Inc. Vigen
Khanlarian
Total Points
(85 points)
77 71.66 61.33
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Round #2 Scores:
Proposers for Fremont operation:
Glendale
Tennis
Academy
Hard Eight,
Inc.
iTennis
Total Points
(85 points)
78.33 71.66 54.33
Proposers for Glorietta operation:
Hard Eight,
Inc.
Vigen
Khanlarian
LA Tennis, Inc.
Total Points
(85 points)
76 62.66 59
The interview panels weighed the financial aspects of each proposal with the proposer’s ability to provide quality programming to the residents of Glendale. The value of meeting the needs of the existing customers at both sites, combined with the ability and desire to increase programming and outreach to new clients and residents was evaluated with each proposer.
Proposers were invited to submit a proposal for operation of one or both sets of courts.
Based on the interviews and each proposal’s satisfaction of the criteria, Glendale Tennis Academy was the highest-ranking proposer for operation of the tennis courts at Fremont Park and is therefore recommended to continue operating there under a new contract.
Hard Eight, Inc. was the highest-ranking proposer for operation of the tennis courts at Glorietta Park, and is therefore recommended for award of a new contract to operate there.
Glendale Tennis Academy proposed to pay a lower base amount than some of the other proposers, but GTA presented a comprehensive plan for operation of the courts that includes free time, pickleball hours, and lessons for all ages. GTA is the same vendor that had the contract prior to construction, and its history with the City and community at Fremont Park is positive.
Hard Eight’s proposal for operation of the tennis courts at Glorietta Park provided the most detailed and comprehensive plan for new and continuing programs at the facility.
New program proposals include social hours, free court time to the public, and a strong marketing plan to advertise new programs. This will be a new vendor to the location. The current vendor, Vigen Khanlarian, also submitted a proposal; however, he did not effectively communicate his proposed court rental and lesson fees, payment to the City, or marketing plans during the interview or in his proposal. It was unclear from his proposal or interviews if courts would be available for free to the community, and his proposal offered no new programs or a marketing plan to invite new players or programs to the 15 of 116
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courts. His proposed base payment to the City was higher than that of Hard Eight; however, he offered no percentage of gross revenue, while Hard Eight proposed to pay 5% of gross revenue on top of its base payment. The percentage of gross revenue allows for a higher overall payment to the City with reduced payments in colder months.
The recommended vendors propose to pay the following revenue to the City of Glendale for the contract period:
Glendale Tennis Academy (Fremont Tennis Courts)
Monthly Rent - $6,300
Percentage of Gross Revenue – 5%
Projected Annual Gross Revenue - $720,000 (year 1) - $860,000 (year 5) Projected Annual Revenue to City (Rent plus 5% of Gross Revenue) - $111,600 (year 1) - $118,600 (year 5)
Hard Eight, Inc. (Glorietta Tennis Courts)
Monthly Rent - $2,000 (year 1) - $2,431 (year 5)
Percentage of Gross Revenue – 5%
Projected Annual Gross Revenue - $247,400 (year 1) - $300,721 (year 5) Projected Annual Revenue to City (Rent plus 5% of Gross Revenue) - $36,370 (year 1) - $44,208 (year 5)
The contract term for Fremont Park will become effective after completion of the construction project, which is anticipated in mid-July, 2025. The new contract term for Glorietta is anticipated to begin on September 1, 2025.
The recommended contract term for each operation is five years, and the City has the option of renewing each contract annually on a year-to-year basis, up to five additional times. The performance of the contract will be monitored and overseen by the Community Services Manager at the Glendale Sports Complex.
STAKEHOLDERS/OUTREACH
The Community Services & Parks Department provides outdoor recreational activities throughout the City to improve the quality of life for residents and visitors. By utilizing vendors to oversee the operation of tennis activities at Fremont and Glorietta Parks, staff ensures that quality tennis lessons and programs can be offered, and reservations taken and made by the community, at a price-point similar to that in other cities in the area, without the need to hire additional City staff to operate the courts internally.
Stakeholders include City employees, residents and visitors to City facilities.
Staff advertised the RFP on the City’s website, the CSP monthly newsletter, and social media. Staff also reached out directly to all proposers from the previous RFP in 2014. In addition, staff kept a list of all inquiries made throughout the past 10 years and ensured that inquiring parties were notified directly of the RFP. 16 of 116
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FISCAL IMPACT
There is no cost to the City for the award of the contracts at Fremont and Glorietta Parks. The City will generate the following concession revenue annually for the General Fund:
Fremont Park: $75,600 base pay, plus 5%
Glorietta Park: $24,000 base pay, plus 5%
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 in that consists of the operation, repair, or maintenance of existing public facilities involving negligible or no expansion of former use. Moreover, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, it is exempt from CEQA. (CEQA Guidelines Section 15061(b)(3).)
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report:
Officers of Glendale Tennis Academy:
Full Name Title Business Address City State Zip
Armen Mendelyan CEO/Founder 13407 Hartland St. Valley
Glen CA 91405
Gevorg Grigoryan Owner/Coach 525 Spencer St. Glendale CA 91202 Officers of Hard Eight, Inc.:
Full Name Title Business Address City State Zip
Jessica Pratt CEO 2340 Shields St. La
Crescenta CA 91214
ALTERNATIVES TO STAFF RECOMMENDATION
1) The City Council may consider re-issuing an RFP with amended requirements and/or criteria.
2) The City Council may consider rejecting proposals submitted by one or both of the recommended vendors and directing staff to contract with (an)other qualified proposer(s) to operate one or both of the tennis locations. 3) The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
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Submitted by:
Onnig Bulanikian, Director of Community Services & Parks Prepared by:
Gabrielle Goglia, Community Services Manager
Tereza Aleksanian, Assistant Director of Community Services & Parks Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Tennis Operations at Fremont & Glorietta Parks Request for Proposals 18 of 116
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Exhibit 1
City of Glendale
Community Services & Parks Department
Tennis Operations
at
Fremont & Glorietta Parks
Request for Proposals
2025
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8 CONTENTS
Message to Proposers…………………………………………………………………………….. Page 3 I. Introduction………………………………………………………………………………………. Page 4 A. Summary…………………………………………………………………………………….. Page 4
B. Assumptions / Definitions………………………………………………………………….. Page 4 C. Scope of Work……………………………………………………………………………….. Page 5 D. City’s Representatives…………………………………………………………………….. Page 9 E. Minimum Requirements………………………………………………………………………. Page 10 II. RFP Process………………………………………………………………………………………. Page 10 A. RFP Timeline………………………………………………………………………… Page 10
B. RFP Distribution…………………………………………………………………………….. Page 10 C. Mandatory Proposer Conference……………………..……………………………….. Page 10 D. Proposal Deadline and Proposal Submission……………………………………………. Page 11 E. Interim Inquiries and Responses; Interpretation or Correction of RFP………………. Page 12 F. Addenda…………………………………………………………………………………….. Page 12
III. General Requirements and Instructions………………………………………………………. Page 12 A. Examination of Documents……………………………………………………………….. Page 12 B. Proposer’s Representations in the Response………………………………………….. Page 13 20 of 116
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8 C. Withdrawal, Cancellation, or Modification of a Proposal………………………………. Page 13 D. Proposal Preparation Expenses…………………………………………………………. Page 14 E. Insurance…………………………………………………………………………………… Page 15
F. Proposer’s Indemnification of City……………………………………………………….. Page 15 IV. Proposal Content and Format………………………………………………………………… Page 15 A. Proposal Content…………………………………………………………………………… Page 16 B. Identifying Proprietary Information; Public Records Act……………………………….. Page 16 C. Proposal Signature(s)……………………………………………………………………… Page 16 V. Method of Selection…………………………………………………………………………….. Page 17 A. Basis for Award and Evaluation Criteria………………………………………………….. Page 17 B. Selecting an Operator…..……………………………………………………………….. Page 19 C. City’s Reservation of Rights……………………………………………………………….. Page 20 VI. Letter of Objection; Procedures………………………………………………………………. Page 21 Exhibit I – Fremont Park Aerial & Map…………………………………………………………… Page 22 Exhibit II – Glorietta Park Aerial & Map………………………………………………………….. Page 23 Exhibit III – Sample Fees for Tennis Court Usage in Various Southern California Cities….. Page 24 Exhibit IV – Tennis Operator Proposer Information………..………………………………….. Page 26 Exhibit V – Tennis Operator Proposal Forms………………………..……………………….. Page 33 Exhibit VI – Insurance Requirements……………………………………………………………. Page 47 Exhibit VII – Insurance Requirements Affidavit………………………………………………… Page 58 21 of 116
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8 Message to Proposers
The City of Glendale Community Services & Parks Department (“Department”) provides a wide variety of recreation, leisure and arts programs for all ages and interests, and manages one of the finest park and open space systems in the Southern California region.
It is within the nature of the City of Glendale to provide its community quality service to enhance personal achievement and create unique experiences and opportunities. The Department’s Mission Statement is:
“The Community Services & Parks Department’s (CSP) mission is to enhance the quality of life by providing safe, and well-maintained parks and public spaces; preserving open space and historic resources; providing services that address the physical, recreational, social, and economic needs of the community; and creating opportunities for renewal, growth and enrichment.”
The purpose of this Request for Proposals is to enable the Department to evaluate a list of candidates and select a qualified and experienced professional(s) (“OPERATOR”) to manage the tennis and/or pickleball (“tennis”) court operations at two different locations under a Facility Use & Operating Agreement.
The selected OPERATOR shall manage the tennis court operations by providing quality tennis services including, but not limited to: court reservations, classes, clinics, camps, tournaments, and events (OPERATION). The OPERATOR will also cultivate community connectedness and work cross-culturally with youth groups, schools, community groups and the business community to foster cultural harmony.
Thank you in advance for your interest in this Request for Proposals.
Onnig Bulanikian, Director
Community Services & Parks Department
City of Glendale
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8 I. Introduction
A. Summary
The City of Glendale (“CITY”) is soliciting proposals from suitably qualified tennis professionals and/or companies ("PROPOSER(S)”) for the purpose of the OPERATION at selected CITY parks in accordance with the instructions and requirements in this Request for Proposals (“RFP”). As consideration for that certain right and privilege to operate, the selected OPERATOR agrees to pay the CITY a fixed minimum fee plus a set percentage of gross revenues, as set forth in Exhibit V Proposal Forms, page 33.
The PROPOSER may submit a proposal for one or both of the following park locations (“Facility” or “Facilities”):
Fremont Park has eight (8) lit tennis courts, one of which is lined for four (4) pickleball courts, and is located at 600 W. Hahn, Glendale, CA 91203. An aerial picture and site location is attached as EXHIBIT I. Fremont Park is currently under construction, anticipated to be completed by March 31, 2025. The contract at Fremont Park will begin when construction is completed. Glorietta Park has four (4) lit tennis courts and is located at 2801 N. Verdugo, Glendale, CA, 91208. An aerial picture and site location is attached as EXHIBIT II.
If PROPOSER is submitting proposals for multiple Facilities, (i.e. Fremont and Glorietta), a separate copy of EXHIBIT V must be completed for each Facility and included in the submission. Each application may include up to two (2) different versions of EXHIBIT V (one for each Facility).
PROPOSERS may submit multiple proposals in response to this RFP. Each proposal must include all required documents.
This RFP will enable the Community Services & Parks Department (“DEPARTMENT”) to evaluate a list of candidates who meet the qualifications and have the experience to manage the OPERATION as set forth in this RFP.
B. Assumptions/Definitions
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8 The following assumptions and definitions were used in preparing this RFP, and should be adopted by the PROPOSER:
The term RFP refers to this Request for Proposals and all its attachments, including any materials from the CITY and relevant third parties. The term PROPOSER refers to the individual(s) or company(ies) submitting a proposal.
The term proposal refers to the materials submitted by the PROPOSER in response to this RFP.
The term OPERATOR refers to the individual or company, inclusive of their employees and agents, selected to operate the tennis courts, at either Facility, as a result of this RFP.
The term OPERATION refers to managing the tennis court operations, at either Facility, by providing quality tennis and pickleball services (“tennis”) including, but not limited to: court reservations, classes, clinics, camps, tournaments, and events. The term gross revenue refers to all moneys and anything else of value that OPERATOR receives or derives – without any deductions, except for a deduction for California imposed sales or excise taxes.
Responding proposals will be evaluated based on the business needs outlined in this RFP and on technical and operational trends in municipal recreational facilities.
This RFP is based on the best available information. Information not in this document, and not said to be forthcoming, should be assumed to be unavailable. Departure from the standards outlined in this RFP must be communicated via written notice to the CITY.
C. Scope of Work
TERM
The term of the Facility Use and Operating Agreement (“Agreement”) will be for a period of five (5) years. Glorietta Tennis Court Agreement will begin on March 1, 2025, and end on February 28, 2030. Fremont Tennis Court Agreement will begin at the conclusion of the construction, anticipated April 1, 2025, and end five (5) years later. In addition, the CITY will have the option of renewing the Agreement on a year-to-year basis, for up to five (5) additional years. Exercise of the renewal option is at the sole discretion of the Director of Community Services & Parks and requires the City Manager’s written 24 of 116
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8 approval. Upon renewal, the Agreement is subject to new or additional terms and conditions.
HOURS OF OPERATION
The OPERATOR must maintain hours of operation during the hours of 8:00 AM and 8:00 PM, at the minimum. OPERATOR may extend these hours as early as 7:00 AM and as late as 10:00 PM daily. Hours of operation shall be as set forth in Exhibit V, Proposal Forms page 33, and shall be posted in a visible location at the Facility(ies). OPERATOR shall be present at the location during all posted hours of operation, and Facility shall be locked when OPERATOR or OPERATOR’S staff is not present.
RESPONSIBILITIES
OPERATIONS
OPERATOR must:
1) Enforce all CSP Rules & Regulations.
2) Regulate play and conduct of players.
3) Post the Rules & Regulations of the tennis courts and all fees that will be charged to the public for the use of the courts in a visible location to the public, outside of the office.
4) Ensure that courts are being used for tennis instruction and play only, and are not being utilized for inappropriate activities including, but not limited to: soccer, skateboarding or basketball.
5) Keep facility open for designated number of hours and days, as assigned in the Agreement.
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8 6) Provide instructors who are United States Professional Tennis Association (USPTA) certified professionals or are teaching directly under the supervision of a USPTA certified professional. If OPERATOR wishes to instruct, OPERATOR must also be a USPTA certified professional.
7) At its own expense, undergo fingerprinting and submit to the Department of Justice all necessary information to obtain criminal background check clearance, as required by law, for OPERATOR to provide services to minors. Neither OPERATOR nor any person under OPERATOR’s control shall begin working at the facility until a Department of Justice background check has been completed and the person is cleared to provide services to minors. 8) Provide private and/or group lessons and instructions in tennis and all services customarily provided by a tennis professional either by OPERATOR personally or by qualified employees of OPERATOR.
9) Schedule tournaments and other tennis activities with 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.
10) Operate and maintain recreational and competitive tennis programs such as singles and doubles times, recreation and competitive ladders, age specific activities, instructional clinics and academies, special events, etc. 11) Cooperate with CITY in granting use of facility, at no charge, for Department- sponsored programs, contract classes, tournaments, and special events. 12) Not assign or sublet OPERATIONS without prior written approval from the Director of Community Services & Parks Department.
13) Manage the OPERATION in a manner intended to ensure that no persons with disabilities are excluded from OPERATOR’S programs and services on the basis of their disabilities.
14) Provide reasonable accommodations required by law to persons with disabilities, including the provisions of auxiliary aids and services to ensure equally effective communication and participation.
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8 15) Establish and maintain necessary telephone services, including a voicemail/answering and internet service to provide adequate customer service to interested patrons.
16) Establish and maintain necessary tennis reservation systems that include reporting capabilities to provide thorough financial reports to CITY. Reports must include the number of reservations made throughout the reporting period, the price paid for each type of reservation, the number of lessons paid for during the reporting period, and the total revenue collected by the OPERATOR during the reporting period.
17) Allow pickleball hours to be scheduled on one or more courts at Fremont Park Courts ONLY. These schedules must be posted at the courts, and any fees (if different than tennis), must also be posted in a location visible to the general public outside of the office.
OPERATOR may:
1) Sell concession items from the office. Any food or drinks must adhere to all applicable provisions of the Glendale Municipal Code (“GMC”) and CITY policy.
MAINTENANCE
OPERATOR must:
1) Maintain tennis courts, buildings and appurtenances in a safe, clean, sanitary, orderly, and attractive condition.
2) Wash the tennis courts on a weekly basis and otherwise as needed within water conservation guidelines determined by the CITY.
3) Dry-broom/sweep courts at least once per month and otherwise as needed. 4) Blow off tennis courts as needed and in compliance with all applicable provisions of the GMC and CITY policy.
5) Wet-mop sticky spills or health hazards on the court. 27 of 116
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8 6) Maintain all court lighting, including replacing/repairing lamps, bulbs, electrical ballasts and lens covers. OPERATOR may elect to have CITY perform the work and reimburse CITY for services rendered.
7) Replace/repair court nets.
8) Comply with all appropriate water and power conservation methods, and also all sustainability requirements set forth in the Glendale Municipal Code and City Policy.
9) Collect trash and place it in a designated bin at the park. 10)Notify the CITY within 24 hours of maintenance needs that are the CITY’S responsibility.
11)Clean, service, supply, and maintain restrooms for tennis customers at Glorietta Tennis Courts, including, but not limited to: providing toilet paper and paper towels; and cleaning sinks, floors, toilets and walls.
12)Repair/replacement of benches inside tennis courts, if placed there by OPERATOR.
CITY will be responsible for:
1) Electrical service wiring, mechanical, and plumbing (including restroom). 2) Fence repair/replacement.
3) Tree trimming that affects safety and safe play on courts. 4) Landscape maintenance of the park area adjacent to the courts. 5) Repair/replacement of benches inside tennis courts, if placed there by CITY. 6) Repair of court surfaces in the event of a safety concern. 28 of 116
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8 FINANCIAL OBLIGATIONS
OPERATOR must:
1) Pay CITY the proposed monthly payment schedule, as well as the contracted percentage figure assigned to gross revenue above the proposed minimum monthly payments, as set forth in the Financial Projections and Planning in Exhibit V Proposal Forms, page 33.
2) Pay all taxes, license fees, and related business expenses. 3) Furnish and pay for all costs relative to the OPERATION and maintenance of Facility including, but not limited to: purchasing equipment such as tennis racquets and balls, cleaning the courts, replacing nets, and changing light bulbs, express for CITY’s express financial obligations set forth in the final contract. 4) Operate and manage the tennis courts 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.
5) Set facility rental rates and tournament participation rates based on prevailing rates for other public and private tennis facilities in the Los Angeles/Glendale area, determined by OPERATOR and approved by the CITY. A sample list of fees for tennis court usage in various southern California cities is provided as Exhibit III, page 24 in this RFP. Fees for services shall be as set forth in Exhibit V Proposal Forms, page 33.
6) Maintain accurate cash receipt records, submit a monthly statement of gross revenue and pay fees to CITY.
7) Maintain a roster of reservation of all tennis patrons, including but not limited to:
name, age and city of residence. Use of a reservation/registration program such as RecTrac/WebTrac, Activenet, Civic Rec, etc. is required.
Reservation/registration system must be provided by OPERATOR, unless OPERATOR wishes to utilize CITY’S existing software. Patron information must be available to CITY upon request.
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8 8) Provide a copy of the financial report summarizing all financial transactions related to the rental/use of the courts to CITY at the end of each month. Use of a financial reporting program such as RecTrac/WebTrac, Activenet, Civic Rec or other online software is required. This may be the same software as the Registration/reservation software, and must be provided by OPERATOR, unless OPERATOR wishes to utilize CITY’S existing software. Reports must be submitted monthly with payments to CITY and must be available upon request of CITY.
STANDARDS, LAWS AND REGULATIONS
All work and services that OPERATOR performs must comply with all applicable standards, laws, and regulations.
D. City’s Representatives
The CITY project manager in charge of this project is the Community Services Manager. The executive in charge is the Department Director.
E. Minimum Requirements
Any suitably qualified tennis professional and/or company is eligible to apply, as long as the individual or company meets the following requirements:
Three (3) years minimum experience operating a public tennis operation with a minimum of two (2) courts. Experience must include offering public open times on courts, tennis instruction, and coordinating tournaments.
Relatives of City personnel may be disqualified pursuant to City policy relating to Employment of Relatives.
II. RFP Process
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8 A. RFP Timeline
The following is the RFP timeline (see further explanations, below):
Event Responsibility Date(s)
RFP Distribution CITY December 17, 2024
Last Day to Object to RFP or Evaluation
Process
Proposer December 27, 2024
Mandatory OPERATOR Conference CITY January 14, 2025
Last Day to Submit Requests for
Clarification
Proposer January 17, 2025
RFP DEADLINE - RFP Responses Due Proposer January 29, 2025 CITY opens Proposals (non-public setting) CITY January 29, 2025 Candidate interviews CITY Beginning February 3,
2025
Final candidate announced CITY February 28, 2025
Agreement Award (City Council approval) CITY March 4, 2025 OPERATION transition Current Vendor moving out of
site (Glorietta)
March 5-31, 2025
OPERATOR Agreement start date at both
locations (if CITY approves OPERATOR’s
insurance)
Proposers who are awarded
Agreements
April 1, 2025
B. RFP Distribution
PROPOSERS may receive this RFP by mail, e-mail, in-person or online at https://GlendaleCA.gov/ParksRFPs. Distribution of the RFP in no way represents CITY’S acceptance of a PROPOSER’S qualifications, reputation, or ability to perform the work or services.
C. Mandatory PROPOSER Conference
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8 A PROPOSER conference (“Conference”) will be held on January 14, 2025 at the time and location listed below. Attendance at this Conference is mandatory. If a PROPOSER is unable to attend, a representative must be present. Failure to do so will result in rejection of a Proposal. Everyone in attendance will be required to sign- in at the Conference. The Conference will take place at Glorietta Park due to construction at Fremont:
Glorietta Park – 2801 N. Verdugo Road, Glendale, 91208 – January 14, 2025 at 10:00am
The purpose of this Conference is to ensure that PROPOSERS have adequate information to respond fully and comprehensively to the CITY’s requirements. During the Conference, CITY staff will discuss with prospective PROPOSERS the work to be performed and answer questions arising from the PROPOSERS’ initial review of this RFP.
The PROPOSER should have reviewed the RFP thoroughly prior to the conference and should be familiar with its content, as well as CITY’s functional and technical requirements. PROPOSERS may e-mail questions to Gabrielle Goglia – [email protected] prior to the Conference.
D. Proposal Deadline and Proposal Submission
The CITY must receive the Proposal on or before 2:00 p.m. on January 29, 2025. A Proposal received after this date and time will be considered non-responsive and the CITY will notify PROPOSER that Proposal was not reviewed. PROPOSER may pick up unopened Proposals or CITY will mail them back to the PROPOSER.
A Proposal must be in writing and must be delivered by mail or in-person. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Proposals are invalid, and the CITY will not accept or consider them.
PROPOSER must submit in a sealed, clearly labeled envelope (or box):
Four (4) printed Proposal documents [one (1) original and three (3) copies of EXHIBITS IV, V (up to 2 different options), & VII] for each submitted proposal. 32 of 116
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8 The Proposal must be clearly marked “CITY OF GLENDALE TENNIS OPERATION PROPOSAL” and addressed to:
City of Glendale
Community Services & Parks Department
Attention: Gabrielle Goglia
613 E. Broadway, Room 120
Glendale, CA 91206
E. Interim Inquiries and Responses; Interpretation or Correction of RFP If a PROPOSER has any question about this RFP, the proposed Agreement, or the scope of work― or if a PROPOSER finds any error, inconsistency, or ambiguity in the RFP, or the proposed Agreement, or both― the PROPOSER must make a “Request for Clarification” before submitting its Proposal.
The PROPOSER must submit a Request for Clarification to: Gabrielle Goglia, via email at [email protected]. The CITY must receive the Request for Clarification on or before 5:00 p.m. on January 17, 2025.
If necessary, the CITY will make clarifications, interpretations, corrections, or changes to the RFP, or the proposed Agreement, or both, in writing by issuing Addenda, as described in Section II.F (below). A PROPOSER must not rely upon, and the CITY is not bound by, purported clarifications, interpretations, corrections, or changes to the RFP and the proposed Agreement, that are made verbally or in a manner other than a written advisory from the CITY.
F. Addenda
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8 The CITY will issue Addenda in writing only. The CITY will make reasonable efforts to deliver Addenda to all PROPOSERS whom the CITY knows have received a complete set of the RFP and have provided a street address and/or emails for receipt of Addenda. The CITY cannot guarantee that all PROPOSERS will receive all Addenda.
PROPOSERS may also inspect the Addenda at the Community Services & Parks Department front counter (613 E. Broadway, Room 120, Glendale, CA 91206), during its business hours, Monday – Thursday: 7:30 a.m. - 5:30 p.m., Friday: 8:00 a.m. - 5:00 p.m., or online at http://GlendaleCA.gov/ParksRFP.
At any time before the “Proposal Deadline” (Section II.D of this RFP), the CITY may issue Addenda withdrawing the RFP or postponing the Proposal Deadline. However, if any Addenda results in a material change to this RFP, or the proposed Agreement, or both, the CITY will extend the Proposal Deadline by not less than seventy-two (72) hours.
The CITY will treat transmittal of Addenda to potential PROPOSERS by U.S. mail or e- mail as sufficient notice of the changes made by the CITY.
III. General Requirements and Instructions
A. Examination of Documents
Before submitting an RFP response, each PROPOSER must:
Make all necessary investigations, examinations of documents, and inspect selected areas that will affect the full performance of the proposal. PROPOSERS are highly encouraged to visit the Facility prior to submitting the Tennis Operator Proposal Form.
Thoroughly examine the RFP. A thorough review of this RFP is critical to obtaining an in-depth understanding of the requirements of this RFP. 34 of 116
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8 B. PROPOSER’s Representations in the Response
By submitting a Proposal, a PROPSER represents that:
The RFP is sufficient in scope and detail to indicate and convey reasonable understanding of all requirements, terms, and conditions for performance of the work required in the RFP;
The PROPOSER has exercised all necessary due diligence in making investigations and inquiries, examining documents, and inspecting CITY Facilities; The PROPOSER is fully familiar with— and has fully considered— all facts, conditions, circumstances, and matters that may affect, in any way, the PROPOSER’S services or costs;
The Proposal is an irrevocable offer for a period of at least ninety (90) calendar days following CITY’s opening of all Proposals; and
The PROPOSER is, and will be, in compliance with the RFP’s requirements, terms, and conditions.
C. Withdrawal, Cancellation, or Modification of a Proposal
Before the Proposal Deadline, a PROPOSER may withdraw and then modify a Proposal, by giving written notice, signed by the PROPOSER. A withdrawal request must be addressed as follows and delivered to:
City of Glendale
Community Services & Parks Department
Attention: Gabrielle Goglia
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8 613 E. Broadway, Suite 120
Glendale, CA 91206
For a withdrawal to become effective, the CITY must receive the PROPOSER’S request for withdrawal before the Proposal Deadline. The CITY will not accept or consider a PROPOSER’S verbal request for modification or withdrawal of a Proposal.
If a PROPOSER withdraws its Proposal, the withdrawal will not prejudice the PROPOSER’S right to submit a new Proposal, if the new Proposal is submitted: (a) in accordance with the RFP’s requirements, and (b) before the Proposal Deadline.
After the Proposal Deadline, a PROPOSER must not withdraw, cancel, or modify its Proposal for a period of at least ninety (90) calendar days following the Proposals’ opening on January 29, 2025, subject to the exception described in the next paragraph below. The CITY may extend the 90-day period upon the CITY’s written request and upon the affected PROPOSER’S written approval.
The CITY may allow a PROPOSER to withdraw or cancel a Proposal 90 days after the opening of the Proposals, if the PROPOSER establishes, to the CITY’s satisfaction, that all of the following circumstances exist:
1) The PROPOSER made a mistake in its Proposal;
2) Within five (5) days after the Proposal’s opening, the CITY receives from the PROPOSER written notice of the mistake and the notice specifies in detail how the mistake occurred;
3) The mistake made the Proposal materially different from what the PROPOSER had intended it to be; and
4) The mistake was made in filling out the Proposal and was not due to error in judgment, or carelessness in reading the RFP or the proposed Agreement. 36 of 116
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8 D. Proposal Preparation Expenses
Expenses for developing the RFP Proposal are entirely the responsibility of the PROPOSER and are not chargeable to CITY in any manner. CITY is not liable for any pre-agreement expenses, which are defined as expenses incurred by PROPOSER in:
Preparing its Proposal in response to this RFP.
Negotiating with CITY any matter related to the Proposal. Any other expense incurred by PROPOSER prior to the date of award of the Agreement for this RFP.
E. Insurance
Specific insurance requirements are noted in EXHIBIT VI – page 47 (Insurance Requirements) and will need to be in place before the start of the work. CITY will require certificates of insurance and additional insured endorsements when OPERATOR submits a signed Agreement to the CITY. The PROPOSER must submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Agreement Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements Affidavit (EXHIBIT VII – page 58) which states that the insurer’s underwriter or agent will furnish the CITY with the required insurance documents within fourteen (14) days after the PROPOSER’S having been notified of the Agreement’s award. The PROPOSER must submit this form with the Proposal. CITY may reject any Proposal made without this affidavit or made with an incomplete affidavit form.
F. PROPOSER’S Indemnification of City
At its expense, PROPOSER agrees to indemnify, defend, and hold harmless the CITY and its officers, agents, employees, and representatives from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, liens, losses, damages, costs, and expenses (including attorneys’ fees, litigation, arbitration, mediation, appeal expenses) if a dispute, lawsuit, or other proceeding arises out of any one or more of the following: (1) PROPOSER’S submitting the Proposal, (2) CITY’s accepting 37 of 116
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8 PROPOSER’S Proposal, or (3) CITY’s awarding a Agreement to PROPOSER in compliance with this RFP, or state, federal, or local laws.
IV. Proposal Content and Format
Proposals must be submitted on the Proposal Forms which are attached as EXHIBITS IV & V. Proposals should be brief and concise, furnishing pertinent and relevant information rather than merely providing promotional facts or materials.
The PROPOSER must respond to the Proposal Forms’ questions with all applicable information, in order for the CITY to consider the Proposal as “responsive.” If a PROPOSER fails to provide the information that the forms require, fails to return all of the forms’ pages, or fails to submit any required attachments, the CITY may treat the Proposal as “non-responsive.”
The PROPOSER must place initials next to all interlineations, alterations, and erasures on the Proposal Forms.
The PROPOSER must not modify or qualify the Proposal Forms in any manner.
Unauthorized conditions, exemptions, limitations, or provisions attached to a Proposal will render it informal and may cause its rejection.
A. Proposal Content and Format
The Proposal should establish that the PROPOSER possesses the competence, experience, expertise, equipment, personnel, financial wherewithal, and other resources 38 of 116
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8 necessary not only to perform the OPERATION services in a professional, dependable, and competent manner, but also to ensure quality service and to provide utmost customer satisfaction.
B. Identifying Proprietary Information; Public Records Act A PROPOSER must identify, and list all copyrighted material, trade secrets, or other proprietary information (“protectable documents”) that the PROPOSER included in its Proposal which PROPOSER believes should be exempt from disclosure under California’s Public Records Act, Government Code Section 7920.000, et seq.
By listing the documents, the PROPOSER agrees to indemnify, defend, and hold harmless the CITY and its officers, agents, employees, and representatives from and against any action, claim, lawsuit, or proceeding, including costs and expenses, arising out of or connected with the CITY’s refusal to disclose the protectable documents to any party making a request for those items.
The CITY will treat any PROPOSER, who fails to identify documents that the PROPOSER believes should be exempt from disclosure, as having waived any applicable exemption from disclosure that the Public Records Act provides.
All Proposals and other material submitted become the property of the CITY and may be returned only at the CITY’s option. The CITY reserves the right to use any ideas presented in any response to the RFP. Selection or rejection of the Proposal does not affect this right.
C. Proposal Signature(s)
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8 The person or persons legally authorized to bind the PROPOSER to the RFP must sign the Proposal in ink. The individuals signing the Proposal must represent that they are authorized to bind the PROPOSER’S legal entity.
A corporation must execute the Proposal by its duly authorized officer(s) in accordance with its corporate bylaws.
A partnership must execute the Proposal by all its partners. After each signature, each partner must list a residential address or the company’s address, either of which must include the state, zip code, and telephone number. If the PROPOSER is a joint venture consisting of a combination of any of the above entities, each entity in the joint venture must sign the Proposal. An individual signing a Proposal as an agent of another, or others must attach to the Proposal evidence of that person’s legal authority to sign on behalf of another or others.
V. Method of Selection
All proposals received on time will be opened on January 29, 2025. Proposals will first be reviewed to ensure compliance with the terms of this RFP. Non-compliant or non- responsive proposals may be rejected. The CITY will then evaluate the proposals in accordance with the criteria listed below. Interviews of the PROPOSERS who meet criteria 1 and 2 below will begin on February 3, 2025 and may extend through February 27, 2025. The City may conduct up to two (2) separate interviews of candidates. These are mandatory interviews.
The CITY will maintain a “Register of Proposals” that lists the PROPOSER’S name, the date, and the time that the CITY had received the Proposal. The Proposals will be open to public inspection after the CITY has awarded all Agreements.
A. Basis for Award and Evaluation Criteria
Each PROPOSER’S submission will be reviewed, evaluated, and ranked on the criteria listed below.
1) Adherence to minimum requirements (Pass/Fail). A Proposal must adhere to the minimum requirements outlined in Section I E. of this RFP. Failure to comply 40 of 116
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8 may eliminate a Proposal from further consideration. The CITY may elect to waive any informality in a Proposal if the sum and substance of the Proposal is present. 2) Adherence to format (Pass/Fail). A Proposal must adhere to the format outlined in the Proposal Forms. Failure to adhere to this format may eliminate a Proposal from further consideration. The CITY may elect to waive any informality in a Proposal if the sum and substance of the Proposal is present. 3) Experience and qualifications (20%). Evaluation of a PROPOSER’S experience and capacity to perform the required services in the following:
a. Previous operation and implementation of tennis or other similar programs; b. Experience operating a concession in a government or school setting; c. Business awards or tennis industry achievements;
d. Certifications in tennis industry;
e. Training experience; and
f. Business management experience.
4) Proposed payment to the CITY (20%). CITY will evaluate the cost benefit to the CITY based on the proposed payments over the term of the Agreement. 5) Financial Stability (15%). Evaluation of PROPOSER’S financial resources and solvency such as a credit report or business tax return. 6) Range of services (15%). Evaluation of PROPOSER’S ability to provide a well- rounded program in the following:
a. Public rentals;
b. Open play time for community free of charge and without reservations; c. Pickleball hours;
d. Tennis instruction (private);
e. Tennis instruction (group);
f. Tennis Clubs; and
g. Ability to accommodate persons with disabilities and provide integrated programs/services.
7) Daily OPERATIONAL Plan (15%). CITY will evaluate the proposed schedule of OPERATIONS including:
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8 a. Days / Hours of OPERATION;
b. Days / Hours of services provided;
c. Hours offered to community free of charge and without reservations required;
d. Staffing;
e. Leadership at the site;
f. Proposed hours of staff working at the site;
g. Support capability and experience;
h. Reservation/Registration software knowledge; and
i. Contingency plans for inclement weather. (no discounts will be provided for inclement weather, so plan accordingly).
8) Advertising and marketing (15%). Evaluation of the marketing plan, and PROPOSER’S ability to attract business to the tennis courts. Evaluation of proposed marketing tools, including:
a. Social media;
b. Website;
c. Proposal to attract new customers; and
d. Proposal for customer retention.
In addition, the CITY may consider other factors, including, but not limited to, evidence of untimely and unsatisfactory performance on prior, similar work or services.
The CITY may investigate the qualifications of any PROPOSER under consideration, require confirmation of information furnished by the PROPOSER, and require additional information or evidence of qualifications to provide the work and services described in this RFP.
B. Selecting an OPERATOR
To ensure a comprehensive and impartial evaluation process, a selection committee (“Committee”) will be assembled to review the proposals. The Committee will be selected by the Department Director, and will be comprised individuals with diverse expertise, perspectives, and backgrounds that allow them to objectively evaluate the proposals and Proposers.
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KHANLARIAN EXHIBIT 3-042
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8 The Committee will be sent all proposals that meet the minimum requirements and will review and rate them in accordance with the criteria set forth in subsection (A) above.
Those results will be submitted to the City for review. Subsequently, a meeting will be coordinated virtually with the Committee to narrow down the applicants to up to five (5) proposals per Facility based on the criteria above. A virtual interview will be set for the Committee to interview the top Proposers and will result in a recommendation of up to three (3) finalists per Facility. City staff will interview the top three (3) Proposers and make a recommendation to the Department Director, who will submit a recommendation to the City Council, which may select one or more Proposers as an OPERATOR(s).
The Agreement award will be based on a combination of factors that reflect the best candidate for completing the work and services, as determined by the CITY, including:
the proposal evaluation criteria described on the previous pages; results of background and reference checks; and results from interviews and presentation phase.
The City Council must approve an award of an Agreement to the successful PROPOSER and no rights or obligations begin under an award until the approval is secured and an Agreement has been duly signed by all parties.
Once selected, the successful PROPOSER must enter into a written Agreement with the CITY within fourteen (14) calendar days following PROPOSER’S receiving the CITY’s Notice of Intent to Award an Agreement.
At all times beginning on the date that CITY staff recommends the issuance of this RFP and continuing until the CITY awards an Agreement, if any, all PROPOSERS and their surrogates are prohibited from communicating in any manner regarding the award of an Agreement with any member of the Glendale City Council, or any member of a CITY board or commission, except as expressly authorized in this RFP. Provided, however, that PROPOSERS and their surrogates are not prohibited from making oral statements to one or more representatives of the CITY during a public meeting, and PROPOSERS may write to the City Council as a whole after CITY staff’s recommended award of an Agreement, if any, is published in anticipation of a public meeting. Moreover, beginning on the date that CITY staff recommends the issuance of this RFP and continuing until the CITY awards an Agreement, if any, all PROPOSERS and their surrogates shall limit 43 of 116
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8 communication with CITY staff regarding the award of an Agreement to the written clarification and addendum process described in this RFP, and interviews or discussions pursuant to the evaluation and selection process described in this RFP. Any violation of this section constitutes grounds for disqualification of the offending PROPOSER.
C. City’s Reservation of Rights
This RFP and the proposal evaluation process do not:
Obligate the CITY to accept or select any Proposal;
Constitute an agreement by the CITY that it will actually enter into any Agreement with any PROPOSER.
When it best serves the CITY’s interests, the CITY may do any one or more of the following:
Reject any Proposal or all Proposals at its sole discretion. Extend the deadline for accepting Proposals.
Accelerate the pace of the RFP process if three or fewer Proposals are received. Waive any or all information, defects, irregularities, or informalities in a Proposal. Accept amendments to Proposals after the Proposal Deadline. Amend, revise, or change the RFP’s evaluation or selection criteria. Cancel, withdraw, amend, revise, change, or negotiate the terms of this RFP, the proposed Agreement, or both.
Reissue a Request for Proposals.
Conduct oral interviews.
Visit Proposer’s facilities or business.
Examine financial records of PROPOSER to the extent necessary to ensure financial stability.
Make a partial award.
Negotiate with one or more PROPOSERS.
Award Agreements to one or more PROPOSERS.
Require a best and final offer from one or more PROPOSERS. 44 of 116
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8 Provide its own services for tennis OPERATIONS, or Agreement directly— without an RFP or bids— for those services.
VI. Letter of Objection; Procedures
A PROPOSER that believes that any part of this RFP is discriminatory against the PROPOSER or precludes the PROPOSER from being given reasonable consideration in the procurement process must submit a letter clearly stating the specific objections, the areas of concern, and a proposed method for resolving the objections. The PROPOSER, or the person who is duly authorized to represent the PROPOSER, must sign the correspondence. The CITY must receive the letter of objection on or before 5:00 p.m.
December 27, 2024. The CITY will not consider any verbal objection. The letter of objection must be addressed as follows and delivered to:
City of Glendale
Community Services & Parks Department
Attention: Gabrielle Goglia
613 E. Broadway, Room 120
Glendale, CA 91206
Upon the CITY’s timely receipt of the objection letter, the CITY will review the PROPOSER’S contention(s). If the CITY decides that the RFP― whether in whole or in part― needs revision, the CITY will prepare Addenda, as described in Section II.F of this RFP.
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KHANLARIAN EXHIBIT 3-045
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8 EXHIBIT I
Aerial of Fremont Park (Rendering of Project Currently Under Construction) Fremont Park Tennis Courts, located at 600 W. Hahn, Glendale, 91203 Consists of:
8 Lighted tennis courts, 1 court lined with 4 pickleball courts Tennis Office
Accessible Parking Lot
Map of Fremont Park Location
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8 47 of 116
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8 EXHIBIT II
Aerial of Glorietta Park
Glorietta Tennis Courts, located at 2801 N. Verdugo Rd., Glendale, 91208 Consists of:
4 lit tennis courts
Tennis office
Limited parking
Map of Glorietta Park Location
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KHANLARIAN EXHIBIT 3-048
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8 49 of 116
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8 EXHIBIT III
Sample Fees for Tennis Court Usage in Various Southern California Cities (Updated August 2024)
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8 *These sample fees were collected from calls to other cities but may contain errors. This sample list should be used as a guideline for setting rates in the proposal only.
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KHANLARIAN EXHIBIT 3-052
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8 EXHIBIT IV
TENNIS OPERATOR PROPOSER INFORMATION
Use the following forms to provide information necessary to complete the Request for Proposals. Proposers are advised that statements made in the Proposal Information forms may be incorporated into the Agreement.
All questions must be answered concisely and completely.
Basic Information
PROPOSER’S Name: ____________________________________
Company’s Name (if Agreement will be with a Company):
___________________________________________________
Address: ______________________________________
City: _______________________ State: ____ Zip Code: ________ Principal Telephone: __________________ Fax: ___________________ Contact Person Name: ________________________ Title: ______________________ Telephone: _______________________E-Mail: ______________________________ PROPOSER’S Social Security Number (if PROPOSER is an individual):
______________________
Company’s Tax ID Number (if PROPOSER is a business): ______________________ The City of Glendale may: (1) request credit, criminal, and investigative reports about you and your company, and (2) contact the references, government entities, and other persons listed in this Proposal. The City of Glendale will use this information to evaluate your company’s financial resources, responsibility, and integrity with respect to this 53 of 116
KHANLARIAN EXHIBIT 3-053
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8 Proposal, an award of the Agreement, or any Agreement renewal. The City of Glendale will treat any information that it obtains now or later as confidential.
Do you and your company authorize the City of Glendale to obtain credit, criminal, and investigative reports about you and your company:
____ Yes ____No
Do you and your company authorize the references, government entities, and other persons listed in this Proposal to release information about you and your company to the City of Glendale?
____Yes ____No
TO THE CITY OF GLENDALE, CALIFORNIA:
In response to the Request for Proposals (“RFP”) by the City of Glendale (“CITY”), the undersigned person or entity (“PROPOSER”) now submits this Proposal (“Proposal”), with the accompanying forms and attachments.
Under the penalty of perjury, PROPOSER certifies that:
A. This Proposal is genuine, is not a sham or collusive, and is not made in the interest of, or on behalf of, any person, partnership, corporation, company, organization, or another entity not named or disclosed in the Proposal;
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8 B. PROPOSER did not, directly or indirectly, induce, agree, or solicit anyone else to submit a false or sham Proposal, to refrain from proposing, to withdraw a Proposal, or to attempt to induce an action prejudicial to CITY’s interests;
C. PROPOSER has not sought by collusion, in any manner, to secure for PROPOSER any advantage over other PROPOSERS;
D. All facts and statements in the Proposal are completely true, accurate, and correct.
PROPOSER SIGNATURE: ___________________________ DATE: _____________ PROPOSER PRINTED NAME: ________________________
PROPOSER TITLE: _________________________________
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KHANLARIAN EXHIBIT 3-055
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8 GENERAL STATEMENT OF QUALIFICATIONS
(Attach additional pages if necessary, and title each page “General Statement of Qualifications, Page 28A”)
How many years has PROPOSER previously operated a tennis reservation system:
_____
Previous Experience
1) Name of operation: ________________________________
Dates PROPOSER worked: ______________________________
Role in operation: ___________________________________
Supervisor’s Name: __________________________________
Briefly describe how reservations were taken in this operation:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2) Name of operation: ________________________________
Dates PROPOSER worked: ______________________________
Role in operation: ___________________________________
Supervisor’s Name: __________________________________
Briefly describe how reservations were taken in this operation:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 56 of 116
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8 3) Name of operation: ________________________________ Dates PROPOSER worked: ______________________________
Role in operation: ___________________________________
Supervisor’s Name: __________________________________
Briefly describe how reservations were taken in this operation:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Is PROPOSER a member of the USPTA professional organization? ______ Please list any additional relevant certifications: _______________________________ _____________________________________________________________________ Please list any industry achievements or awards that the PROPOSER may have gained:
______________________________________________________________________ ______________________________________________________________________ Briefly describe the PROPOSER’S experience in working with Tennis Professionals:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 57 of 116
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8 Briefly describe the PROPOSER’S experience as related to operating a tennis reservation system:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________- ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 58 of 116
KHANLARIAN EXHIBIT 3-058
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8 PROPOSER’S BACKGROUND
Please answer the following background questions and provide an indication of financial resources and solvency such as a credit score report or business tax return. Attach supporting documents and title them “Background, page 30A.” Have you ever been convicted of a Criminal Offense (misdemeanor or felony) other than a minor traffic violation?
Yes
No
If yes, please provide information pertaining to ALL convictions, unless sealed or expunged. Do NOT list arrests that did not result in a conviction. If you have been arrested and a determination is pending, also not the information below. _____________________ _______________________________ ______________________ Date of Conviction Code Section Violated (Number & Title) Felony or Misdemeanor __________________________________________________________________________________ Sentencing Information: (length of jail sentence, time serviced, monetary fine, terms of parole and/or probation) __________________________________________________________________________________ Description of Offense and Additional Remarks_____________________ _______________________________ ______________________ Date of Conviction Code Section Violated (Number & Title) Felony or Misdemeanor __________________________________________________________________________________ Sentencing Information: (length of jail sentence, time serviced, monetary fine, terms of parole and/or probation) __________________________________________________________________________________ Description of Offense and Additional Remarks
_____________________ _______________________________ ______________________ Date of Conviction Code Section Violated (Number & Title) Felony or Misdemeanor __________________________________________________________________________________ Sentencing Information: (length of jail sentence, time serviced, monetary fine, terms of parole and/or probation) __________________________________________________________________________________ Description of Offense and Additional Remarks
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KHANLARIAN EXHIBIT 3-059
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8 _____________________________________________
________________________
Signature Date
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KHANLARIAN EXHIBIT 3-060
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8 REFERENCES
Please provide a minimum of three references as to the PROPOSER’S experience qualifications (Two of the references MUST be of most recent Operator Agreements held).
Reference #1
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Operation: ______ / ______
May we contact this reference? Yes ___ No ___
If no, please explain as to why?
______________________________________________
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KHANLARIAN EXHIBIT 3-061
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8 Reference #2
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Concession Operation: ______ / ______ May we contact this reference? Yes ___ No ___
If no, please explain as to why?
______________________________________________
Reference #3
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ 62 of 116
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8 City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Concession Operation: ______ / ______ May we contact this reference? Yes ___ No ___
If no, please explain as to why?
______________________________________________
Reference #4
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ 63 of 116
KHANLARIAN EXHIBIT 3-063
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8 Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Concession Operation: ______ / ______ May we contact this reference? Yes ___ No ___
If no, please explain as to why?
______________________________________________
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KHANLARIAN EXHIBIT 3-064
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8 EXHIBIT V
PROPOSAL FORMS
TENNIS OPERATION PROPOSAL
Use the following forms to provide information necessary to complete the Request for Proposals. Proposers are advised that statements made in the Proposal Information forms may be incorporated into the Agreement.
All questions must be answered concisely and completely.
This proposal is for the OPERATION at the following Facility (Check only one (1) box below. If submitting a proposal for multiple Facilities, you MUST submit a separate packet of Exhibit V Forms for EACH Facility):
Fremont Park Tennis Court
Glorietta Park Tennis Court
All pages of Exhibit V must be for the same Facility OPERATION proposal. The box at the top of each page MUST match the box checked above.
You may submit up to two (2) different proposals with this application (one for each of the above options).
Each proposal must include all pages of Exhibit V (pages 33-46). 65 of 116
KHANLARIAN EXHIBIT 3-065
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8 OPERATIONAL PLAN
List of Services
Please complete the following sections. Attach any additional pages needed, and title them “List of Services, Page 34A.”
Please describe the Group Lessons Proposer intends to offer, including but not limited to:
general class descriptions, classes of various skill levels to be offered, number classes per week, number of students in class, duration of a session, and whether OPERATOR or staff will teach the lessons:
________________________________________________
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please describe the Private Lessons Proposer intends to offer, including but not limited to: general class descriptions, number of classes per week, and whether OPERATOR or staff will teach the lessons:________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please describe the reservation system PROPOSER intends to use for court rentals, including but not limited to: number of courts available for reservation, number of courts available for drop-by customers, hours of operation for court rentals, and whether OPERATOR or staff will supervise court rentals: _________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 66 of 116
KHANLARIAN EXHIBIT 3-066
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8 ______________________________________________________________________ ______________________________________________________________________ Please describe the financial system PROPOSER intends to use for court rentals, lessons, merchandise sales, etc. (if different than the system for reservations). Please attach an example of a monthly gross revenue report from the financial system PROPOSER intends to use and title it “Gross Revenue Example, Page 34B.”_________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please describe any camps PROPOSER intends to offer, including but not limited to:
ages for camp participants, months camps will be offered, duration of camps, general camp description, and whether OPERATOR or staff will operate camps: ___________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please describe any tournaments PROPOSER intends to offer, including but not limited to: ages brackets, participant eligibility for tournaments, number of tournaments per year, duration of tournaments, and tournament participation / winning awards: _______ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 67 of 116
KHANLARIAN EXHIBIT 3-067
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8 Please describe any proposed special events or programming that will be offered, such as “Doubles Night” or “Teen Night”, etc.: _____________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please describe the hours of operation open to the public, and the plan for court supervision if classes or other programs are not scheduled. Please include who will supervise public hours (i.e. self, staff, etc.). Please include open court time that may be available during which community members do not need to pay for court time:__________________________
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please describe any additional programming and / or services PROPOSER intends to offer as part of the OPERATION:
____________________________________________________
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 68 of 116
KHANLARIAN EXHIBIT 3-068
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8 ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
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KHANLARIAN EXHIBIT 3-069
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8 Staff Information
List each employee/independent contractor/volunteer who will be at the facility (Attach additional sheets if necessary, and title them “Staff Information, Page 37A”) STAFF #1
Check one: __Employee __Independent Contractor __Volunteer Name: _________________________________ Title/Role: _____________________ Salary: _______________________ Proposed Hours: _________________________ Relationship with any schools (if applicable): _____________________________________ ______________________________________________________________________ ______________________________________________________________________ Professional Background/ Professional Affiliations: _____________________________ ______________________________________________________________________ ______________________________________________________________________ List of Professional Certifications/Licenses Held: _______________________________ ______________________________________________________________________ ______________________________________________________________________ Professional and Civic Involvement: _________________________________________ ______________________________________________________________________ ______________________________________________________________________ Honors and Awards: _____________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 70 of 116
KHANLARIAN EXHIBIT 3-070
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8 STAFF #2
Check one: __Employee __Independent Contractor __Volunteer Name: _________________________________ Title/Role: _____________________ Salary: _______________________ Proposed Hours: _________________________ Relationship with any schools (if applicable): _____________________________________ ______________________________________________________________________ ______________________________________________________________________ Professional Background/ Professional Affiliations: _____________________________ ______________________________________________________________________ ______________________________________________________________________ List of Professional Certifications/Licenses Held: _______________________________ ______________________________________________________________________ ______________________________________________________________________ Professional and Civic Involvement: _________________________________________ ______________________________________________________________________ ______________________________________________________________________ Honors and Awards: _____________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 71 of 116
KHANLARIAN EXHIBIT 3-071
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8 MARKETING AND ADVERTISING
Please discuss PROPOSER’S marketing and advertising plan to attract youth, adults, tennis groups and clubs, and tennis instructors. Attach additional pages as necessary and title them “Marketing and Advertising, Page 39A.”
Which of the following advertising methods does the Proposer intend to use (check all that may apply), and the frequency which Proposer intends to utilize these methods:
____ Banners ____ frequency ____ Flyers ____ frequency ____ Website ____ frequency ____ X ____ frequency ____ Facebook ____ frequency ____ Instagram _____ frequency ____ Other forms (please list): _____________________________________________ Please provide a summary of PROPOSER’S plan to advertise OPERATIONS, including obtaining new customers and customer retention: ______________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 72 of 116
KHANLARIAN EXHIBIT 3-072
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8 73 of 116
KHANLARIAN EXHIBIT 3-073
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8 PROPOSED SCHEDULE OF OPERATIONS
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility, please provide a sample of a weekly schedule of operations (Monday through Sunday), including but not limited to the following: a schedule of maintenance, court use (rentals, lessons, special events, etc.), and staffing schedule. Please include the hours that the OPERATOR will be on site, and when staff will be working. A separate form may be submitted in addition to, or in lieu of this form, titled “Proposed Schedule of OPERATIONS, Page 40A.”
Please also provide a total of each program type proposed weekly. This is a cumulative total of all courts at the above checked Facility each week:
Open Courts (free to public): _________________________ hours per week
Court Rentals (paid reservations by public): ______________hours per week Lessons: _________________________________________hours per week Camps: __________________________________________hours per week Pickleball Reservations: _____________________________hours per week 74 of 116
KHANLARIAN EXHIBIT 3-074
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8 Other (please describe): _____________________________hours per week Other (please describe): _____________________________hours per week 75 of 116
KHANLARIAN EXHIBIT 3-075
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8 FINANCIAL PROJECTIONS & PLANNING
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KHANLARIAN EXHIBIT 3-076
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8 Proposed fees to be charged to the public for the use of the courts.
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility OPERATION, please provide a list of proposed fees to be charged (use additional sheets if necessary, and title them “Proposed Fees, Page 43A”):
Weekdays
From: ____________a.m. To: ____________p.m.
Rate: $ _______ per court / per hour
Evenings
From: ______________p.m. To: ____________p.m.
Rate: $ _______ per court / per hour
Weekends
From: ______________a.m. To: ____________p.m.
Rate: $ _____________ per court / per hour
Senior Rates
From: ______________a.m. To: ____________p.m.
Rate: $ _____________ per court / per hour
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KHANLARIAN EXHIBIT 3-077
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8 Private tennis instruction (not conducted by OPERATOR) Rate: $_____________
Group Tennis Lessons (conducted by OPERATOR or staff)
Rate: $_____________ per student / per session
# of Classes: ____________ per session
Individual Tennis Lessons (conducted by OPERATOR or staff) Rate: $_____________ per hour
Tennis Clubs
Rate: $_____________ per session
# of Meetings: __________ per session
Please list any additional fees and unit of measurement for proposed activities:
Activity: ___________________
Rate: $_______________ per session
# of Meetings: ____________ per session
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KHANLARIAN EXHIBIT 3-078
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8 Payment
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility OPERATION, please fill in the amount of proposed payment to the CITY as consideration for your right and privilege to operate the tennis courts. Include the proposed percentage figure assigned to gross revenue above the proposed minimum monthly payment.
In addition, complete a Pro Forma Profit projection for the first five-year term, including projected revenues from operations.
These fees MUST include anticipated weather-related closures and participation levels.
CITY will NOT discount payments listed here and in AGREEMENT due to inclement weather.
MONTH 2025 2026 2027 2028 2029 2030
January $ _________ $_________ $_________ $_________ $_________ $_________ February $ _________ $_________ $_________ $_________ $_________ $_________ March $ _________ $_________ $_________ $_________ $_________ $_________ April $ _________ $_________ $_________ $_________ $_________ $_________ May $ _________ $_________ $_________ $_________ $_________ $_________ June $ _________ $_________ $_________ $_________ $_________ $_________ July $_________ $_________ $_________ $_________ $_________ $_________ 79 of 116
KHANLARIAN EXHIBIT 3-079
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8 August $_________ $_________ $_________ $_________ $_________ $_________ September $_________ $_________ $_________ $_________ $_________ $_________ October $_________ $_________ $_________ $_________ $_________ $_________ November $_________ $_________ $_________ $_________ $_________ $_________ December $_________ $_________ $_________ $_________ $_________ $_________ Annual Payments:$_________ $_________ $_________ $_________ $_________ $_________ Proposed percentage figure assigned to gross revenue: _______%.
Example of Financial Report
Name of Reservation Software you will use: ________________________________ Name of Financial Software that you will use (if different from the Reservation Software listed above): __________
______________________________________________________________________ 80 of 116
KHANLARIAN EXHIBIT 3-080
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8 81 of 116
KHANLARIAN EXHIBIT 3-081
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8 Revenue Analysis
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility OPERATION, please complete a 5 -year revenue analysis.
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KHANLARIAN EXHIBIT 3-082
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8 EXHIBIT VI
INSURANCE REQUIREMENTS
“WORKERS’ COMPENSATION” INSURANCE
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— for the duration of this Agreement:
(A) Complete Workers’ Compensation insurance, meeting or exceeding the coverages and amounts that California law requires; and (B) Employer’s Liability insurance in an amount not less than:
(1) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease;
(2) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and
(3) ONE MILLION DOLLARS ($1,000,000) policy limit.
1.2 OPERATOR shall provide CITY with a “certificate of insurance” and a subrogation endorsement, “Waiver of Our Right to Recover From Others”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, this Agreement’s workers’ compensation insurance requirements.
1.3 CITY shall not be liable to OPERATOR’s personnel, or anyone OPERATOR directly or indirectly employs or uses, for a claim at law or in equity arising out of OPERATOR’s failure to comply with this Agreement’s workers’ compensation insurance requirements.
“SEXUAL ABUSE OR MOLESTATION” (SAM) LIABILITY
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KHANLARIAN EXHIBIT 3-083
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8 1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— for the duration of this Agreement:
(A) Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the Commercial General Liability policy referenced in the insurance requirements is not endorsed to include affirmative coverage for sexual abuse or molestation, OPERATOR shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 84 of 116
KHANLARIAN EXHIBIT 3-084
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8 “COMMERCIAL GENERAL LIABILITY” OR “BUSINESSOWNERS LIABILITY”
INSURANCE
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— a “Commercial General Liability” or a “Businessowners Liability” insurance policy on an occurrence basis to fully protect OPERATOR and CITY from claims and suits for bodily injury, personal and advertising injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives (collectively, “CITY AND ITS REPRESENTATIVES”) as additional insureds.
1.2 Coverage afforded to CITY AND ITS REPRESENTATIVES must be at least as broad as that afforded to OPERATOR. If OPERATOR has higher limits than the limits specified in these insurance requirements, or has additional broader coverage, or has both, the insurer shall make available the higher limits and broader coverage to CITY AND ITS REPRESENTATIVES. The insurance must be written for the limits of liability specified below:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for bodily injury (including accidental death) to any one person;
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for personal and advertising injury to any one person;
(C) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for property damage;
(D) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for sexual abuse or molestation to any one person; and
(E) TWO MILLION DOLLARS ($2,000,000) general aggregate limit, or the full aggregate limits of the policy― whichever limit is greater.
1.3 The liability insurance must include all major divisions of coverage and must cover:
(A) Premises OPERATIONS (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable);
(B) Independent OPERATORs’ Protective Liability;
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8 (C) Products and Completed OPERATIONS (maintain same limits as above until five (5) years after recordation of Notice of Completion); (D) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted);
(E) Contractual Liability;
(F) Broad Form Property Damage; and
(G) Sexual Abuse or Molestation Liability (including coverage for: (i) physical, emotional, psychological injury or harm of a person; and (ii) negligent employment, supervision, investigation, reporting or failing to report to proper authorities, or retention of an employee, agent, representative, volunteer, Subcontractor, or person whose actual, alleged, attempted, or threatened behavior, conduct, or verbal or nonverbal communication― whether or not intentional― results in physical, emotional, psychological injury or harm of a person or persons).
1.4 OPERATOR shall provide CITY with a “certificate of insurance,” an “additional insured endorsement,” and a subrogation endorsement, “Waiver of Transfer to Rights of Recovery Against Others”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5 The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
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8 “BUSINESS AUTOMOBILE” LIABILITY INSURANCE
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— a “Business Automobile” insurance policy on an occurrence basis to fully protect OPERATOR and CITY from claims and suits for bodily injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives as additional insureds.
1.2 The insurance must not be written for less than the limits of liability specified below or required by law, whichever coverage amount is greater:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or
(C) TWO MILLION DOLLARS ($2,000,000) combined single limit (“CSL”).
1.3 The liability insurance must include all major divisions of coverage and must cover all vehicles, whether rented, leased, hired, scheduled, owned or non- owned.
1.4 OPERATOR shall provide CITY with a “certificate of insurance” and an “additional insured endorsement”— on forms satisfactory to the City Attorney or City’s Risk Manager and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5 The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
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8 GENERAL REQUIREMENTS
1.1 At all times, the insurance company issuing the policy must meet all three of these requirements:
(A) It must be “admitted” insurer by the State of California Department of Insurance or must be listed on the California Department of Insurance’s “List of Approved Surplus Line Insurers” (“LASLI”);
(B) It must be domiciled within, and organized under the laws of, a State of the United States; and
(C) It must carry a minimum A.M. Best Company Financial Strength Rating of “A:VII,” or better.
1.2 If the Agreement requires any of the foregoing insurance coverages to remain in force after the Final Payment, and if they are reasonably available, OPERATOR shall submit to CITY— with the final Application for Payment— all certificates and additional insured endorsements evidencing the coverages’ continuation.
1.3 A deductible or self-insured retention is subject to CITY’s review and approval, in its sole discretion. The insurance company or its authorized representative must state either on the insurance certificate or in a separate correspondence:
(A) The amount of the deductible, or self-insured retention, or both; (B) Whether a limit of insurance has been lowered by any pending or paid claim; and
(C) The current limit amount, as lowered by the pending or paid claim.
1.4 Despite any conflicting or contrary provision in OPERATOR’s insurance policy:
(A) If OPERATOR’s insurance company adds CITY, and its officers, agents, employees, and representatives (collectively, “its representatives”) as additional insureds, then for all acts, errors, or omissions of CITY, or its representatives, or both, that insurer shall:
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8 (1) Pay those sums that CITY, or its representatives, or both, become legally obligated to pay as damages; and
(2) Defend— and pay the costs of defending— CITY, or its representatives, or both;
(B) OPERATOR’s insurance is primary;
(C) Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to CITY, or its representatives, or both, is excess over OPERATOR’s insurance;
(D) CITY’s insurance, or self-insurance, or both, will not contribute with OPERATOR’s insurance policy;
(E) OPERATOR and OPERATOR’s insurance company waive— and shall not exercise— any right of recovery or subrogation that OPERATOR or the insurer may have against CITY, or its representatives, or both; (F) OPERATOR’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability; (G) OPERATOR’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage; and (H) CITY is not liable for a premium payment or another expense under OPERATOR’s policy.
1.5 At any time during the duration of this Agreement, CITY may do any one or more of the following:
(A) Review this Agreement’s insurance coverage requirements; or (B) Require that OPERATOR:
(1) Obtain, pay for, and maintain more or less insurance depending on CITY’s assessment of any one or more of the following factors:
(a) CITY’s risk of liability or exposure arising out of, or in any way connected with, the services of OPERATOR under
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8 this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of OPERATOR under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage;
(2) Reduce or eliminate a deductible or self-insured retention as it applies to CITY; or
(3) Obtain, pay for, and maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to CITY for liability, or costs, or both, that CITY incurs during CITY’s investigation, administration, or defense of a claim or a suit arising out of this Agreement.
1.6 OPERATOR shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that CITY specifies for any coverage that OPERATOR must maintain after the Final Payment.
1.7 OPERATOR’s insurance company or self-insurance administrator shall mail CITY written notice at least thirty (30) days in advance of the policy’s or the self-insurance program’s cancellation, termination, non-renewal, or reduction in coverage.
1.8 OPERATOR shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Twenty-one (21) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, OPERATOR shall deliver to CITY evidence of the required coverage as proof that OPERATOR’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
1.9 At any time, upon CITY’s request, OPERATOR shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising OPERATOR’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
1.10 If OPERATOR hires, employs, or uses a Subcontractor to perform work, services, OPERATIONS, or activities on OPERATOR’s behalf, OPERATOR shall 90 of 116
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8 ensure that the Subcontractor:
(A) Meets, and fully complies with, this Agreement’s insurance requirements;
(B) Delivers to CITY— for its review, or approval, or both— all insurance policies, certificates, and endorsements that this Agreement requires; and (C) Furnishes CITY, at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for CITY’s review, or approval, or both.
1.11 OPERATOR’s failure to comply with an insurance provision in this Agreement constitutes a breach upon which CITY may immediately terminate or suspend OPERATOR’s performance of this Agreement or invoke another remedy that this Agreement or the law allows. At its discretion, CITY may obtain or renew the insurance, and CITY may pay all or part of the premiums. Upon demand, OPERATOR shall repay CITY for all sums or monies that CITY paid to obtain, renew, or reinstate the insurance, or CITY may offset the cost of the premium against any sums or monies that CITY may owe OPERATOR.
OPERATOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
1.1 OPERATOR shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents, unless an exception below applies. When OPERATOR signs and delivers the Agreement to CITY, OPERATOR also shall deliver:
(A) A “certificate of insurance” for each required liability insurance coverage;
(B) CITY’s “General Liability/Automobile Liability Special Endorsement” form (L-15), unless this Agreement does not require OPERATOR to obtain and maintain Commercial General Liability coverage, Businessowners Liability coverage, or Automobile Liability coverage;
(C) A subrogation endorsement, “Waiver of Transfer to Rights of Recovery Against Others,” for Commercial General Liability coverage or Businessowners Liability coverage;
(D) A “certificate of insurance” for Workers’ Compensation insurance; or If OPERATOR is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California; or 91 of 116
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8 If OPERATOR is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form;
(E) A subrogation endorsement, “Waiver of Our Right to Recover From Others,” for Workers’ Compensation coverage; and
(F) A complete copy of OPERATOR’s Professional Liability insurance policy, including all forms and endorsements attached to it.
1.2 CITY will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved the insurance documents. CITY's decision as to the acceptability of all insurance documents is final.
Unless OPERATOR obtains CITY’s written approval, CITY will not permit or allow a substitution of an insurance policy, or a change in a certificate’s or an endorsement’s form and content, or both.
INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
2.1 This Agreement’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. 92 of 116
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8 EXHIBIT VII
INSURANCE REQUIREMENTS AFFIDAVIT
THE PROPOSER’S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE PROPOSER MUST SUBMIT THIS AFFIDAVIT WITH THE BID FORMS.
I, the undersigned (please check one box: underwriter agent), certify that I and the PROPOSER listed below have jointly reviewed the “Insurance Requirements” in this Request for Proposals. If the City of Glendale (“City”) awards the PROPOSER the Contract for the tennis OPERATION, I will be able—within fourteen (14) calendar days after the PROPOSER is notified of the Contract’s award—to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements.
Name of Insurance Company Date
Insurance Agent’s Name (Printed) Insurance Agent’s Name (signature)
Address City State Zip Code
Telephone Number FAX Number Email Address
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8 Tennis OPERATION
OPERATOR’s Name Request for Proposal
Below State the Name of Insurance Company Providing Coverage:
DO NOT write “Will Provide,” “To Be Determined,” “When Required,” or similar phrases.
Commercial General Liability Automobile Liability
Workers’ Compensation Liability
NOTE TO THE UNDERWRITER / AGENT: If the insurance forms that the PROPOSER submits to the City do not fully comply with the Insurance Requirements, and/or if the PROPOSER fails to submit the forms within the 14-day time limit, the City may: (1) declare the PROPOSER’S Proposal non-responsive, and (2) award the Contract to the next highest scoring, responsible PROPOSER.
If you have any questions about Insurance Requirements, please contact Veronika Padron, Risk Management Section, at (818) 550-4354.
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2 25-88819
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Dispensing with Competitive Bidding and Authorizing an Amendment to the Agreement for Furniture Consultation, Design, Procurement and Installation Services for a Grant Funded Furniture Procurement for Central Library
1. Resolution dispensing with competitive bidding and authorizing the City Manager or a designee to execute an amendment to the agreement for Furniture Consultation, Design, Procurement and Installation Services with J K Miklin, Inc. DBA Yamada (8000007) increasing the contract amount by $400,000 and extending the duration to June 30, 2026.
COUNCIL ACTION
Item Type: Action Item
Approved for September 30, 2025 calendar
EXECUTIVE SUMMARY
The Public Works Department oversees multiple professional services agreements for citywide furniture procurements at all municipal facilities, including a not-to-exceed contract with J K Miklin, Inc. DBA Yamada (Yamada) that has a remaining balance of approximately $147,000, which expires December 31, 2025.
The Library Arts & Culture Department (LAC) secured grant funding from the California State Library (CSL) Targeted Grant in 2023, for various items including new furniture for the main library floor to better complement the recent improvements constructed elsewhere in the facility. Using Yamada, who specializes in furniture configurations for libraries, will allow the city to complete these grant funded improvements on time and improve Central Library’s sustainability, security, flexibility and usability.
The total cost for this final stage of the grant approved work is approximately $500,000.
Therefore, the proposed amendment will increase the contract amount by $400,000 to a new not-to-exceed amount of $1,100,000 and extend the contract duration by six months to June 30, 2026.
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RECOMMENDATION
Approve resolution to dispense with competitive bidding and authorize an amendment to the agreement for Furniture Consultation, Design, Procurement and Installation Services with J K Miklin, Inc. DBA Yamada (8000007) increasing the contract amount by $400,000 and extending the duration to June 30, 2026.
ANALYSIS
On April 18, 2023, City Council accepted a California State Library Targeted Grant for Glendale Central Library Capital Outlay and Maintenance in the amount of $6,095,000.
This funding, secured by then Assemblymember Laura Friedman, supplements the December 13, 2022, Council-approved and appropriated Building Forward grant and associated matching funds to create vibrant, engaging spaces for children and teens, while also improving the building’s sustainability, security, flexibility and usability.
The scope of the original project included renovating the Children’s Space, Teen Space, and Sound Space as well as general building improvements and repairs such as replacing the leaking roof and adding a 400-kilowatt-hour solar panel system.
The project cost breakdown included:
Children and teen spaces and second-floor restrooms - $ 8 million, Roof repair - $3 million, and
Solar panel system, new air handler, safety improvements, security cameras, and other miscellaneous building improvements - $3.7 million.
After the completion of the Youth Spaces Renovation Project, and as part of the project scope around facility upgrades, LAC contracted with Johnson Favaro to create a design for the Central Library main floor which would create a cohesive look and feel to the library, using community input from the Youth Spaces Renovation project and staff input on day-to-day operations.
As part of a Request for Proposal process in December 2018, the Council approved a resolution authorizing five-year contracts with Yamada, Catalyst, and Info-Com for a cumulative not-to-exceed amount of $2,750,000. On January 23, 2024, the City Council approved an extension to the duration of those contracts by two years until December 31, 2025, with no additional funds added. The approved not-to-exceed amount has been fully absorbed by all three contracts with the Yamada contract currently having $147,000 in remaining balance.
The architect’s estimate for the Central Library main floor furniture improvements is $500,000. Accounting for the remaining Yamada contract balance and any potential unforeseen expense, an increase of $400,000 to the furniture agreement is needed.
These expenses will be covered by the Facility upgrades portion of the Glendale Central Library Capital Outlay and Maintenance project funding from the California State Library Targeted Grant.
Yamada is the only furniture vendor available with access to the scope of manufacturers 110 of 116
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necessary to complete the design, some of whom will be creating custom pieces such as artificial trees. Additionally, they were originally awarded this agreement following a request for proposals process.
Public Works staff is currently in the process of initiating a new competitive bidding process to select new furniture vendors to replace the city’s three expiring contracts which will be presented to the City Council in the future for approval.
STAKEHOLDERS/OUTREACH
In September 2021, LAC held two online public input meetings. Engaged community members, parents, and teenagers heard Johnson Favaro present on the current state of the Youth Spaces, anticipated needs, and current design schemes. They provided critical, nuanced feedback and input that was later incorporated into the design process. In addition to these community meetings, a teen survey was conducted, and boards with proposed design images were placed in the children’s room and teen collection area for patrons to give input at their convenience.
Additionally, in summer 2023, LAC contracted with Little Diversified Architectural Consulting to conduct a Service Area Study, which included community input through surveys and community meetings on library space needs and services.
FISCAL IMPACT
The proposed furniture contract amendment will cost $400,000, which was approved as a part of the FY 2025-26 budget. No new appropriation is being requested at this time.
The City Council approved funding is outlined below:
Existing Appropriation
Amount Account String Funding Source
$400,000 PL: LAC00988AG
GL: 45150-2750-LAC-0020-P0000
Library Fund
Department Cost Center Program
Library Arts &
Culture
Projects
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Exemption pursuant to the California Code of Regulations, Title 14, Section 15301.
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than ten percent interest 111 of 116
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in the company proposed for contract in this agenda item Report are attached in Exhibit
1. ALTERNATIVES TO STAFF RECOMMENDATION
1. The City Council may choose to not approve the resolution. This will stop the work of the design and funds will not be expended by the grant deadline and will need to be returned.
2. The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Daniel Hernandez, Director of Public Works
Prepared by:
Lessa Pelayo-Lozada, Director of Library, Arts & Culture Shea Eccleston-Banwer, Public Works Administrator
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1 - Campaign Finance Disclosure
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3 RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING; AND AUTHORIZING
THE CITY MANAGER OR A DESIGNEE TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH J K MIKLIN, INC. DBA YAMADA (YAMADA) FOR
AS-NEEDED CONSULTATION, DESIGN, PROCUREMENT, AND INSTALLATION OF
FURNITURE SYSTEMS CITY-WIDE INCREASING THE CONTRACT AMOUNT BY $400,000 AND EXTENDING THE AGREEMENT BY SIX MONTHS TO JUNE 30, 2026.
WHEREAS, following a Request for Proposals/Request for Qualifications process the City Council on December 18, 2018, issued Resolution No. 18-231 to dispense with competitive bidding and award three five-year professional services agreements to Yamada, Info-Com, and Catalyst for a cumulative total of $2,750,000; and
WHEREAS, on January 23, 2024, the City Council approved extensions to the contracts to all three vendors for two years to December 31, 2025; and
WHEREAS, Yamada specializes in library furniture and has provided satisfactory services throughout the term of their contract; and
WHEREAS, performing a new Request for Proposals/Request for Qualifications process will take a significant amount of time and furniture needs to be urgently purchased by the state grant deadlines; and
WHEREAS, Glendale City Charter, Article VI, Sec. 9 provides an exemption to competitive bidding where the Council determines it is in the best interest of the city to dispense with competitive bidding; and
WHEREAS, given the need for furniture procurement and installation for a grant funded project at Central Library, adequate justification exists and it is in the City's best interest upon recommendation of the Director of Public Works to dispense with competitive bidding and to authorize the City Manager, or a designee, to amend the Professional Services Agreement with Yamada for as-needed consultation, design, procurement, and installation of furniture systems city-wide increasing the contract amount by $400,000 to a total of $1,100,000 and extending the duration for six months to June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
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3 1. The foregoing facts are deemed to be true and correct, and a basis for dispensing with competitive bidding and authorizing the execution a professional services agreement amendment.
2. The Council hereby:
A. Dispenses with competitive bidding; and
B. Authorizes the City Manager, or a designee, to amend the Professional Services Agreement with J K Miklin, Inc. DBA Yamada for as-needed consultation, design, procurement, and installation of furniture systems city- wide, increasing the contract amount by $400,000 to $1,100,000 and extending the contract duration six months to June 30, 2026.
Adopted on this _____ day of 2025.
_________________________
Mayor
ATTEST:
__________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF GLENDALE )
I, Suzie Abajian, PhD, City Clerk of the City of Glendale, certify that the foregoing Resolution No. was Adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2025, the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________
City Clerk
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City of Glendale
DISCLOSURE - CAMPAIGN FINANCE ORDINANCE
The City Council adopted Ordinance No. 5744, “Campaign Finance Ordinance,” which became effective on September 9, 2011, and amended it with Ordinance No. 5768, which became effective on March 15, 2012 (“the Ordinance”). The Ordinance prohibits: (1) A contractor* (including a subcontractor**)― who has a contract with the City of Glendale (“City”), Economic Development Department (“EDD”), or the Housing Authority of the City of Glendale (“HA”) and that contract is subject to approval by the City Council, EDD, or HA― from making a contribution to a City Council member, EDD member, HA member, City Clerk, or City Treasurer; and (2) Council members, EDD members, and HA members from voting on matters concerning a contract with a person who has provided a campaign contribution.
The Ordinance applies to a contractor whose contract requires the City Council’s, EDD's, or HA’s approval. A contract with the City, EDD, or HA is known as a “City Contract.” The Ordinance also applies to a subcontractor who has a subcontract through a City Contract. The Ordinance excludes a competitively bid contract awarded to the lowest responsible bidder.
To assist members of the City Council, EDD, and HA before they vote on a matter regarding a City Contract, the Ordinance requires City staff to prepare this report which discloses certain information about: the contractor receiving the City Contract, and the subcontractor(s) working under the City Contract.
A contractor must provide the information listed below when: A subcontractor must provide the information listed below when:
•The City Contract has a total anticipated or actual value of $50,000 or more; or • The subcontract through a City Contract has a total anticipated or actual value of $25,000 or more; or
• A combination or series of City Contracts have a value of $50,000 or more. • A combination or series of subcontract s, for the same or different projects, have an aggregate value of $25,000 or
more. Information that must be disclosed: ● Name of the person, entity, or organization (i.e., the Contractor or Subcontractor) ● Name of the Chief Executive Officer/Preside
nt
● Chief Operati
ng Officer
● Chief Financial Officer
● Chairperson
● All members of the Board of Dire
ctors
● All persons who own more than 10% of the person, entity, or orga nization
● Name of any camp
aign committee owned or controlled by the person, entity, or organizatio n Please complete the following disclosure form:
Contractor(s)*:
Name Address
Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
*“Contractor” is the person, entity, or organization that is the party, or prospective party, to the contract with the City, EDD, or HA or any member of that person’s, entity’s, or organization’s Board of Direct ors, its Chairperson, Chief Executive Officer, Chief Financial Officer, Chief Operat ing Officer, any person with an ownership interest of more than ten percent (10%) in that person, entit y, or organization, and any campaign committee that is o wned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address.
Exhibit 1
J.K. MIKLIN, INC. d/b/a YAMADA ENTERPRISES
16552 BURKE LANE, HUNTINGTON BEACH, CA 92647
PARKER BRAVERMAN
16552 BURKE LANE
HUNTINGTON BEACH
CA
92647
PARKER BRAVERMAN
16552 BURKE LANE
HUNTINGTON BEACH
CA
92647
PARKER BRAVERMAN
16552 BURKE LANE
HUNTINGTON BEACH
CA
92647
PARKER BRAVERMAN
16552 BURKE LANE
HUNTINGTON BEACH
CA
92647
115 of 116
KHANLARIAN EXHIBIT 3-115
Rev. 6/7/12 J:\FILES\DOCFILES\ORD\CAMPAIGN CONTRIBUTION\DISCLOSURE FORM – CONTRACTOR – 6-7-12.doc Subcontractor(s)**:
Name Address
Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” is the person, entity, or organization that has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or gener al or prime contract, usually by a general or prime contrac tor. Subcontractor includes any member of that person’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer, Chief Financ ial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee that is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address.
Campaign Committee owned or controlled by:
Title Business Address City State Zip
CERTIFICATION
On behalf of the above-named Contractor Subcontractor:
• I acknowledge that I have a continuing obligation to update this disclosure form if I substitute― or if I select additional ― archite cts, design professionals, contractors, or subcontractors within ten (10) days of the selection or change; and • I hereby certify that:
I have identified all persons for which the Ordinance requires disclos ure; The information in this disclosure form (and any attachment to this form) is true, accur ate, correct, and complete; and I have been legally authorized to submit this disclosure form.
In total, this disclosure form (including attachments) is pages.
Executed on: , 20 , at: , California.
Signature: Print Full Name:
Address:
Phone Number: E-mail Address:
NONE
2 September 24
25 Huntington Beach
Parker Braverman
16552 Burke Lane, Huntington Beach, CA 92647
(714) 843-9882
[email protected]
116 of 116
KHANLARIAN EXHIBIT 3-116
EXHIBIT 4
City of Glendale
Community Services & Parks Department
Tennis Operations
at
Fremont & Glorietta Parks
Request for Proposals
2025
1 KHANLARIAN EXHIBIT 4-001
CONTENTS
Message to Proposers……………………………………………………………………………..Page 3 I.
Introduction……………………………………………………………………………………….Page 4
A. Summary……………………………………………………………………………………. Page 4
B. Assumptions / Definitions…………………………………………………………………..Page 4 C. Scope of Work………………………………………………………………………………Page 5
D. City’s Representatives…………………………………………………………………….. Page 9 E. Minimum Requirements…………………………………………………………………… Page 10 II. RFP Process………………………………………………………………………………………Page 10 A. RFP Timeline………………………………………………………………………… Page 10
B. RFP Distribution…………………………………………………………………………… Page 10 C. Mandatory Proposer Conference……………………..……………………………….. Page 10 D. Proposal Deadline and Proposal Submission……………………………………………Page 11 E. Interim Inquiries and Responses; Interpretation or Correction of RFP……………….Page 12 F. Addenda……………………………………………………………………………………..Page 12
III. General Requirements and Instructions………………………………………………………Page 12 A. Examination of Documents………………………………………………………………..Page 12 B. Proposer’s Representations in the Response…………………………………………..Page 13 C. Withdrawal, Cancellation, or Modification of a Proposal………………………………Page 13 D. Proposal Preparation Expenses………………………………………………………….Page 14 E. Insurance……………………………………………………………………………………Page 15
F. Proposer’s Indemnification of City………………………………………………………..Page 15 IV. Proposal Content and Format…………………………………………………………………Page 15 A. Proposal Content……………………………………………………………………………Page 16 B. Identifying Proprietary Information; Public Records Act……………………………….. Page 16 C. Proposal Signature(s)………………………………………………………………………Page 16 V. Method of Selection……………………………………………………………………………..Page 17 A. Basis for Award and Evaluation Criteria…………………………………………………..Page 17 B. Selecting an Operator…..……………………………………………………………….. Page 19 C. City’s Reservation of Rights……………………………………………………………….Page 20 VI.
Letter of Objection; Procedures……………………………………………………………….Page 21 Exhibit I – Fremont Park Aerial & Map……………………………………………………………Page 22 Exhibit II – Glorietta Park Aerial & Map…………………………………………………………..Page 23 Exhibit III – Sample Fees for Tennis Court Usage in Various Southern California Cities…..Page 24 Exhibit IV – Tennis Operator Proposer Information………..………………………………….. Page 26 Exhibit V – Tennis Operator Proposal Forms………………………..……………………….. Page 33 Exhibit VI – Insurance Requirements…………………………………………………………….Page 47 Exhibit VII – Insurance Requirements Affidavit………………………………………………… Page 58 2 KHANLARIAN EXHIBIT 4-002
Message to Proposers
The City of Glendale Community Services & Parks Department (“D epartment”) provides a wide variety of recreation, leisure and ar ts programs for all ages and interests, and manages one of the finest park and open space systems in the Southern California region. It is within the natur e of the City of Glendale to provide its community quality service to enhance personal achievement and create unique experiences and opportunities. The Department ’s Mission Statement is:
“The Community Services & Parks Department’s (CSP) mission is to enhance the quality of life by providing safe, and well-maintained parks and public spaces; preserving open space and historic resources; providing services that address the physical, recreational, social, and economic needs of the community; and creating opportunities for renewal, growth and enrichment.”
The purpose of this Request for Proposals is to enable the Department to evaluate a list of candidates and select a qualified and exper ienced professional(s) (“OPERATOR”) to manage the tennis and/or pickleball (“tennis”) court operations at two different locations under a Facility Use & Operating Agreement.
The selected OPERATOR shall manage the tenni s court operations by providing quality tennis services including, but not limited to: court reservations , classes, clinics, camps, tournaments, and events (OPERATION). The OPERATOR will also cultivate community connectedness and work cross-cu lturally with yout h groups, schools, community groups and the business community to foster cultural harmony.
Thank you in advance for your interest in this Request for Proposals.
Onnig Bulanikian, Director
Community Services & Parks Department
City of Glendale
3 KHANLARIAN EXHIBIT 4-003
I. Introduction
A. Summary
The City of Glendale (“CITY”) is soliciting proposals from suitably qualified tennis professionals and/or companies ("PROPOSER(S)”) for the purpose of the OPERATION at selected CITY parks in accordance with the instructions and requirements in this Request for Proposals (“RFP”). As consideration for that certain right and privilege to operate, the selected OPERATOR agrees to pay the CITY a fixed minimum fee plus a set percentage of gross revenues, as set forth in Exhibit V Proposal Forms, page 33.
The PROPOSER may submit a proposal for one or both of the following park locations (“Facility” or “Facilities”):
Fremont Park has eight (8) lit tennis courts, one of which is lined for four (4) pickleball courts, and is lo cated at 600 W. Hahn, Gle ndale, CA 91203. An aerial picture and site location is attached as EXHIBIT I . Fremont Park is currently under construction, anticipated to be comple ted by March 31, 2025. The contract at Fremont Park will begin when construction is completed. Glorietta Park has four (4) lit tennis courts and is located at 2801 N. Verdugo, Glendale, CA, 91208. An aerial picture and site location is attached as EXHIBIT II.
If PROPOSER is submitting proposals for multiple Facilities, (i.e. Fremont and Glorietta), a separate copy of EXHIBIT V must be completed for each Facility and included in the submission. Each appli cation may include up to two (2) different versions of EXHIBIT V (one for each Facility).
PROPOSERS may submit multiple proposals in response to this RFP. Each proposal must include all required documents.
This RFP will enable the Community Serv ices & Parks Department (“DEPARTMENT”) to evaluate a list of candidates who meet t he qualifications and have the experience to manage the OPERATION as set forth in this RFP.
B. Assumptions/Definitions
The following assumptions and definitions were used in preparing this RFP, and should be adopted by the PROPOSER:
The term RFP refers to this Request for Proposals and all its attachments, including any materials from the CITY and relevant third parties. The term PROPOSER refers to the individual(s) or company(ies) submitting a proposal.
4 KHANLARIAN EXHIBIT 4-004
The term proposal refers to the materials submitted by the PROPOSER in response to this RFP.
The term OPERATOR refers to the indi vidual or company, inclusive of their employees and agents, selected to operate the tennis courts, at either Facility, as a result of this RFP.
The term OPERATION refers to managing the tennis court operations, at either Facility, by providing quality tennis and pickleball services (“tennis”) including, but not limited to: court reservations, classe s, clinics, camps, tournaments, and events.
The term gross revenue refers to all moneys and anything else of value that OPERATOR receives or derives – without any deductions, except for a deduction for California imposed sales or excise taxes.
Responding proposals will be evaluated based on the business needs outlined in this RFP and on technical and operational trends in municipal recreational facilities.
This RFP is based on the best available information. Inform ation not in this document, and not said to be forthcoming, should be assumed to be unavailable. Departure from the standards outlined in this RFP must be communicated via written notice to the CITY.
C. Scope of Work
TERM
The term of the Facility Use and Operating Agreement (“Agreement”) will be for a period of five (5) years. Glorietta Tennis Cour t Agreement will begin on March 1, 2025, and end on February 28, 2030. Fremont Tennis Court Agreement will begin at the conclusion of the construction, anticipated Apr il 1, 2025, and end five (5) years later. In addition, the CITY will have the option of renewing the Agreement on a year-to-year basis, for up to five (5) additional years. Ex ercise of the renewal option is at the sole discretion of the Director of Community Services & Parks and requires the City Manager’s written approval. Upon renewal, the Agreement is subject to new or additional terms and conditions.
HOURS OF OPERATION
The OPERATOR must maintain hours of oper ation during the hours of 8:00 AM and 8:00 PM, at the minimum. OPERATOR may extend these hours as early as 7:00 AM and as late as 10:00 PM daily. Hours of operation shall be as set forth in Exhibit V, Proposal Forms page 33, and shall be posted in a visible location at the Facility(ies).
OPERATOR shall be present at the location during all posted hours of operation, and Facility shall be locked when OPERATOR or OPERATOR’S staff is not present.
RESPONSIBILITIES
OPERATIONS
5 KHANLARIAN EXHIBIT 4-005
OPERATOR must:
1) Enforce all CSP Rules & Regulations.
2) Regulate play and conduct of players.
3) Post the Rules & Regulat ions of the tennis courts and all fees that will be charged to the public for the use of the cour ts in a visible location to the public, outside of the office.
4) Ensure that courts are being used for tennis instruction and play only, and are not being utilized for inappropriate activities including, but not limited to: soccer, skateboarding or basketball.
5) Keep facility open for designated number of hours and days, as assigned in the Agreement.
6) Provide instructors w ho are United States Professional Tennis Association (USPTA) certified professionals or are teaching directly under the supervision of a USPTA certified professi onal. If OPERATOR wishes to instruct, OPERATOR must also be a USPTA certified professional.
7) At its own expense, undergo fingerprinti ng and submit to the Department of Justice all necessary information to obt ain criminal background check clearance, as required by law, for OPERATOR to provide services to minors. Neither OPERATOR nor any person und er OPERATOR’s control shall begin working at the facility until a Depart ment of Justice background check has been completed and the person is cleared to provide services to minors. 8) Provide private and/or group lessons and instructions in tennis and all services customarily provided by a tennis professional either by OPERATOR personally or by qualified employees of OPERATOR.
9) Schedule tournaments and ot her tennis activities with private groups, tennis clubs and/or school interests to assure the best overall, well-rounded tennis program for the community while incorporat ing public play and use of facilities in the overall program.
10) Operate and maintain recreational and competitive tennis programs such as singles and doubles times, recreation and competitive ladders, age specific activities, instructional clinics and academies, special events, etc. 11) Cooperate with CITY in granting use of facility, at no charge, for Department- sponsored programs, contract classes, tournaments, and special events. 6 KHANLARIAN EXHIBIT 4-006
12) Not assign or sublet OPERATIONS without prior written approval from the Director of Community Services & Parks Department.
13) Manage the OPERATION in a manner in tended to ensure that no persons with disabilities are excluded from OPERATOR’S programs and services on the basis of their disabilities.
14) Provide reasonable accommodations required by law to persons with disabilities, including the provisions of auxiliary aids and services to ensur e equally effective communication and participation.
15) Establish and maintain necessa ry telephone services, including a voicemail/answering and internet servic e to provide adequate customer service to interested patrons.
16) Establish and maintain necessary tennis reservation systems that include reporting capabilities to provide thorough financial reports to CITY. Reports must include the number of reservations made throughout the r eporting period, the price paid for each type of reservation, t he number of lessons paid for during the reporting period, and the total revenue co llected by the OPERATOR during the reporting period.
17) Allow pickleball hours to be scheduled on one or more courts at Fremont Park Courts ONLY. These schedules must be posted at the courts, and any fees (if different than tennis), must also be poste d in a location visible to the general public outside of the office.
OPERATOR may:
1) Sell concession items from the office. Any food or drinks must adhere to all applicable provisions of the Glendale Municipal Code (“GMC”) and CITY policy.
MAINTENANCE
OPERATOR must:
1) Maintain tennis courts, buildings and appurtenances in a safe, clean, sanitary, orderly, and attractive condition.
2) Wash the tennis courts on a weekly basis and otherwise as needed within water conservation guidelines determined by the CITY.
3) Dry-broom/sweep courts at least once per month and otherwise as needed. 4) Blow off tennis courts as needed and in compliance with all applicable provisions of the GMC and CITY policy.
7 KHANLARIAN EXHIBIT 4-007
5) Wet-mop sticky spills or health hazards on the court. 6) Maintain all court lighting, including r eplacing/repairing lamps, bulbs, electrical ballasts and lens covers. OPERATOR may elect to have CITY perform the work and reimburse CITY for services rendered.
7) Replace/repair court nets.
8) Comply with all appropriate water and power conservation methods, and also all sustainability requirement s set forth in the Glendal e Municipal Code and City Policy.
9) Collect trash and place it in a designated bin at the park. 10)Notify the CITY within 24 hours of maintenance needs that are the CITY’S responsibility.
11)Clean, service, supply, and maintain re strooms for tennis customers at Glorietta Tennis Courts, including, but not limit ed to: providing toilet paper and paper towels; and cleaning sinks, floors, toilets and walls.
12)Repair/replacement of benches inside tennis courts, if placed there by OPERATOR.
CITY will be responsible for:
1) Electrical service wiring, mechanical, and plumbing (including restroom). 2) Fence repair/replacement.
3) Tree trimming that affects safety and safe play on courts. 4) Landscape maintenance of the park area adjacent to the courts. 5) Repair/replacement of benches inside tennis courts, if placed there by CITY. 6) Repair of court surfaces in the event of a safety concern.
FINANCIAL OBLIGATIONS
OPERATOR must:
1) Pay CITY the proposed monthly payment schedule, as well as the contracted percentage figure assigned to gross revenue above the proposed minimum monthly payments, as set forth in the Financial Projections and Planning in Exhibit V Proposal Forms, page 33.
2) Pay all taxes, license fees, and related business expenses. 8 KHANLARIAN EXHIBIT 4-008
3) Furnish and pay for all costs relati ve to the OPERATION and maintenance of Facility including, but not limited to: purchasing equipment such as tennis racquets and balls, cleaning the courts, r eplacing nets, and changing light bulbs, express for CITY’s express financial obligations set forth in the final contract. 4) Operate and manage the tennis courts 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.
5) Set facility rental rates and tournament participation rates based on prevailing rates for other public and private tennis facilities in the Los Angeles/Glendale area, determined by OPERATOR and approved by the CITY. A sample list of fees for tennis court usage in various sout hern California cities is provided as Exhibit III, page 24 in this RFP. Fees for serv ices shall be as set forth in Exhibit V Proposal Forms, page 33.
6) Maintain accurate cash receipt record s, submit a monthly statement of gross revenue and pay fees to CITY.
7) Maintain a roster of reservation of a ll tennis patrons, including but not limited to:
name, age and city of residence. Use of a reservation/registration program such as RecTrac/WebTrac, Activenet, Ci vic Rec, etc. is required.
Reservation/registration system must be provided by OPERATOR, unless OPERATOR wishes to utilize CITY’S existi ng software. Patron information must be available to CITY upon request.
8) Provide a copy of the financial repor t summarizing all financial transactions related to the rental/use of the courts to CITY at the end of each month. Use of a financial reporting program such as RecT rac/WebTrac, Activenet, Civic Rec or other online software is required. Th is may be the same software as the Registration/reservation software, and mu st be provided by OPERATOR, unless OPERATOR wishes to utilize CITY’S ex isting software. Reports must be submitted monthly with payments to CITY and must be available upon request of CITY.
STANDARDS, LAWS AND REGULATIONS
All work and services that OPERATOR performs must co mply with all applicable standards, laws, and regulations.
D. City’s Representatives
9 KHANLARIAN EXHIBIT 4-009
The CITY project manager in charge of this project is the Community Services Manager. The executive in charge is the Department Director.
E. Minimum Requirements
Any suitably qualified tennis professional and/or company is eligible to apply, as long as the individual or company meets the following requirements:
Three (3) years minimum experience operating a public tennis operation with a minimum of two (2) courts. Experi ence must include offering public open times on courts, tennis instruction, and coordinating tournaments.
Relatives of City personnel may be disqualified pursuant to City policy relating to Employment of Relatives.
II. RFP Process
A. RFP Timeline
The following is the RFP timeline (see further explanations, below):
Event
RFP Distribution
Responsibility
CITY
Date(s)
December 17, 2024
Last Day to Object to RFP or Evaluation
Process
Proposer December 27, 2024
Mandatory OPERATOR Conference CITY January 14, 2025
Last Day to Submit Requests for
Clarification
Proposer January 17, 2025
RFP DEADLINE - RFP Responses Due
Proposer January 29, 2025
CITY opens Proposals (non-public setting) CITY January 29, 2025 Candidate interviews CITY Beginning February 3,
2025
Final candidate announced CITY February 28, 2025
Agreement Award (City Council approval) CITY March 4, 2025 OPERATION transition Current Vendor moving out of
site (Glorietta)
March 5-31, 2025
OPERATOR Agreement start date at both
locations (if CITY approves OPERATOR’s
insurance)
Proposers who are awarded
Agreements
April 1, 2025
B. RFP Distribution
PROPOSERS may receive this RFP by mail, e-mail, in-per son or online at https://GlendaleCA.gov/ParksRFPs. Distribution of the RF P in no way represents CITY’S acceptance of a PROPOSER’S qualific ations, reputation, or ability to perform the work or services.
C. Mandatory PROPOSER Conference
A PROPOSER conference (“Conference”) will be held on January 14, 2025 at the time and location listed below . Attendance at this Conferen ce is mandatory. If a 10 KHANLARIAN EXHIBIT 4-010
PROPOSER is unable to attend, a represen tative must be present. Failure to do so will result in rejection of a Proposal. Everyone in attendance will be required to sign-in at the Conference. The Conference will take plac e at Glorietta Park due to construction at Fremont:
Glorietta Park – 2801 N. Verdugo R oad, Glendale, 91208 – January 14, 2025 at 10:00am
The purpose of this Conference is to ensure that PROPOSERS have adequate information to respond fully and comprehensivel y to the CITY’s requirements. During the Conference, CITY staf f will discuss with prospective PROPOSERS the work to be performed and answer questions aris ing from the PROPOSERS’ initial review of this RFP. The PROPOSER should have revi ewed the RFP thor oughly prior to the conference and should be famili ar with its content, as well as CITY’s functional and technical requirements. PROPOSERS ma y e-mail questions to Gabrielle Goglia – [email protected] prior to the Conference.
D. Proposal Deadline and Proposal Submission
The CITY must receive the Proposal on or before 2:00 p.m. on January 29, 2025 . A Proposal received after this date and time will be considered non-responsive and the CITY will notify PROPOSER that Proposal was not reviewed. PROPOSER may pick up unopened Proposals or CITY will mail them back to the PROPOSER.
A Proposal must be in writing and must be delivered by mail or in-person. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Proposals are invalid, and the CITY will not accept or consider them.
PROPOSER must submit in a sealed, clearly labeled envelope (or box):
Four (4) printed Proposal documents [one (1) original and three (3) copies of EXHIBITS IV, V (up to 2 different options), & VII] for each submitted proposal.
The Proposal must be clearly marked “ CITY OF GLENDALE TENNIS OPERATION PROPOSAL” and addressed to:
City of Glendale
Community Services & Parks Department
Attention: Gabrielle Goglia
613 E. Broadway, Room 120
Glendale, CA 91206
11 KHANLARIAN EXHIBIT 4-011
E. Interim Inquiries and Resp onses; Interpretation or Correction of RFP
If a PROPOSER has any question about this RFP, the proposed Agreement, or the scope of work ― or if a PROPOSER finds any error, inconsistency, or ambiguity in the RFP, or the proposed Agreement, or both― the PROPOSER must make a “Request for Clarification” before submitting its Proposal.
The PROPOSER must submit a Request for Clarification to: Gabrielle Goglia, via email at [email protected]. The CITY must receive the Request for Clarification on or before 5:00 p.m. on January 17, 2025.
If necessary, the CITY will make clarificati ons, interpretations, corrections, or changes to the RFP, or the proposed Agreement, or bot h, in writing by issuing Addenda, as described in Section II.F (bel ow). A PROPOSER must not rely upon, and the CITY is not bound by, purported clarifications, interpre tations, corrections, or changes to the RFP and the proposed Agreement, that are m ade verbally or in a manner other than a written advisory from the CITY.
F. Addenda
The CITY will issue Addenda in writing only. The CITY will make reasonable efforts to deliver Addenda to all PROPOSERS whom the CITY knows have received a complete set of the RFP and have provided a street address and/or emails for receipt of Addenda. The CITY cannot guarantee that all PROPOSERS will receive all Addenda.
PROPOSERS may also inspect the Addenda at the Community Services & Parks Department front counter (613 E. Broadway, Room 120, Glendale, CA 91206), during its business hours, Monday – Thursday: 7:30 a.m. - 5:30 p.m., Friday: 8:00 a.m. - 5:00 p.m., or online at http://GlendaleCA.gov/ParksRFP.
At any time before the “Proposal Deadline” (Section II.D of this RFP), the CITY may issue Addenda withdrawing the RFP or postponing the Proposal Deadline. However, if any Addenda results in a material change to this RFP, or the proposed Agreement, or both, the CITY will extend the Proposal Deadline by not less than seventy-two (72) hours.
The CITY will treat transmittal of Addenda to potential PROPOSERS by U.S. mail or e- mail as sufficient notice of the changes made by the CITY.
III. General Requirements and Instructions
A. Examination of Documents
Before submitting an RFP response, each PROPOSER must:
12 KHANLARIAN EXHIBIT 4-012
Make all necessary investigations, examinations of documents, and inspect selected areas that will a ffect the full performance of the proposal.
PROPOSERS are highly encouraged to visit t he Facility prior to submitting the Tennis Operator Proposal Form.
Thoroughly examine the RFP. A thorough review of this RFP is critical to obtaining an in-depth understanding of the requirements of this RFP.
B. PROPOSER’s Representations in the Response
By submitting a Proposal, a PROPSER represents that:
The RFP is sufficient in scope and detail to indicate and convey reasonable understanding of all requirem ents, terms, and conditions for performance of the work required in the RFP;
The PROPOSER has exercised all necessary due diligence in making investigations and inquiries, examin ing documents, and inspecting CITY Facilities;
The PROPOSER is fully familiar with— and has fully considered— all facts, conditions, circumstances, and matters that may affect, in any way, the PROPOSER’S services or costs;
The Proposal is an irrevocable offer for a period of at least ninety (90) calendar days following CITY’s opening of all Proposals; and
The PROPOSER is, and will be, in co mpliance with the RFP’s requirements, terms, and conditions.
C. Withdrawal, Cancellation, or Modification of a Proposal Before the Proposal Deadline, a PROPOSER may withdraw and then modify a Proposal, by giving written notice, signed by the PROPO SER. A withdrawal request must be addressed as follows and delivered to:
City of Glendale
Community Services & Parks Department
Attention: Gabrielle Goglia
613 E. Broadway, Suite 120
Glendale, CA 91206
13 KHANLARIAN EXHIBIT 4-013
For a withdrawal to become effective, the CITY must receive the PROPOSER’S request for withdrawal before the Proposa l Deadline. The CITY will not accept or consider a PROPOSER’S verbal request for modification or withdrawal of a Proposal.
If a PROPOSER withdraws its Proposal, the withdrawal will not prejudice the PROPOSER’S right to submit a new Proposal, if the new Proposal is submitted: (a) in accordance with the RFP’s requirements, and (b) before the Proposal Deadline.
After the Proposal Deadline, a PROPOSER must not withdraw, cancel, or modify its Proposal for a period of at least ninety ( 90) calendar days following the Proposals’ opening on January 29, 2025, subject to the exception described in the next paragraph below. The CITY may extend the 90-day per iod upon the CITY’s written request and upon the affected PROPOSER’S written approval.
The CITY may allow a PROPOSER to withdraw or cancel a Proposal 90 days after the opening of the Proposals, if the PR OPOSER establishes, to the CITY’s satisfaction, that all of the following circumstances exist:
1) The PROPOSER made a mistake in its Proposal;
2) Within five (5) days after the Proposa l’s opening, the CITY receives from the PROPOSER written notice of the mistak e and the notice specif ies in detail how the mistake occurred;
3) The mistake made the Proposal materia lly different from what the PROPOSER had intended it to be; and
4) The mistake was made in filling out t he Proposal and was not due to error in judgment, or carelessness in reading the RFP or the proposed Agreement.
D. Proposal Preparation Expenses
Expenses for developing the RFP Proposal are entirely the responsibility of the PROPOSER and are not chargeable to CITY in any manner. CITY is not liable for any pre-agreement expenses, which are defined as expenses incurred by PROPOSER in:
Preparing its Proposal in response to this RFP.
Negotiating with CITY any matter related to the Proposal. Any other expense incurred by PROPOSER prior to the date of award of the Agreement for this RFP.
E. Insurance
14 KHANLARIAN EXHIBIT 4-014
Specific insurance r equirements are noted in EXHIBIT VI – page 47 (Insurance Requirements) and will need to be in place before t he start of the wo rk. CITY will require certificates of insurance and additional insured endorsements when OPERATOR submits a signed Agreement to the CITY. The PROPOSER must submit to its insurance company or insurance ag ent the Insurance Requirements in this Specification and the Agreement Docu ments. The insurance company’s underwriter or agent must complete the Insurance Requirements Affidavit (EXHIBIT VII – page 58) which states that the insurer’ s underwriter or agent will furnish the CITY with the required insurance documents within fourteen (14) days after the PROPOSER’S having been notified of the Agreement’s award. The PROPOSER must submit th is form with the Proposal. CITY may reject any Proposal made without this affidavit or made with an incomplete affidavit form.
F. PROPOSER’S Indemnification of City
At its expense, PROPOSER agrees to inde mnify, defend, and hold harmless the CITY and its officers, agents, employees, and repres entatives from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, liens, losses, damages, costs, and expenses (including atto rneys’ fees, litigation, arbitration, mediation, appeal expenses) if a dispute, lawsuit, or other proceeding arises out of any one or more of the following: (1) PROPO SER’S submitting the Proposal, (2) CITY’s accepting PROPOSER’S Proposal, or (3) CITY’s awarding a Agreement to PROPOSER in compliance with this RFP, or state, federal, or local laws.
IV. Proposal Content and Format
Proposals must be submitted on the Pr oposal Forms which are attached as EXHIBITS IV & V. Proposals should be brief and concise, furnishing pertinent and relevant information rather than merely providing promotional facts or materials.
The PROPOSER must respond to the Propos al Forms’ questions with all applicable information, in order for the CITY to consider the Proposal as “responsive.” If a PROPOSER fails to provide the information that the forms require, fails to return all of the forms’ pages, or fail s to submit any required attachments, the CITY may treat the Proposal as “non-responsive.”
The PROPOSER must place initials next to all interlineations, alterations, and erasures on the Proposal Forms.
The PROPOSER must not modify or qua lify the Proposal Forms in any manner.
Unauthorized conditions, exemptions, limita tions, or provisions attached to a Proposal will render it informal and may cause its rejection. 15 KHANLARIAN EXHIBIT 4-015
A. Proposal Content and Format
The Proposal should establish that the PROPOSER possesses the competence, experience, expertise, equipment, personnel, financial wherewithal, and other resources necessary not only to perform the OPERATION services in a professional, dependable, and competent manner, but also to ensure quality service and to provide utmost customer satisfaction.
B. Identifying Proprietary Information; Public Records Act A PROPOSER must identify, and list all copy righted material, trade secrets, or other proprietary information (“protectable document s”) that the PROPOSER included in its Proposal which PROPOSER believes shoul d be exempt from disclosure under California’s Public Records Act, Government Code Section 7920.000, et seq.
By listing the documents, the PROPOSER agrees to indemnify, defend, and hold harmless the CITY and its officers, agents, employees, and represent atives from and against any action, claim, lawsuit, or proceeding, including costs and expenses, arising out of or connected with the CITY’s refusal to disclose the protectable documents to any party making a request for those items.
The CITY will treat any PROPOSER, who fa ils to identify doc uments that the PROPOSER believes should be exempt from disclosure, as having waived any applicable exemption from disclosure that the Public Records Act provides.
All Proposals and other material submitt ed become the property of the CITY and may be returned only at the CITY’s option. The CITY reserves the right to use any ideas presented in any response to t he RFP. Selection or reject ion of the Proposal does not affect this right.
C. Proposal Signature(s)
The person or persons legally authorized to bind the PROPOSER to the RFP must sign the Proposal in ink. The indi viduals signing the Proposal mu st represent that they are authorized to bind the PROPOSER’S legal entity.
A corporation must execute the Proposal by its duly authorized officer(s) in accordance with its corporate bylaws.
16 KHANLARIAN EXHIBIT 4-016
A partnership must execute the Proposal by all its partners. After each signature, each partner must list a residential address or the company’s address, either of which must include the state, zip code, and telephone number. If the PROPOSER is a joint venture c onsisting of a combination of any of the above entities, each entity in the joint venture must sign the Proposal. An individual signing a Proposal as an agent of another, or others must attach to the Proposal evidence of that person’s legal authority to sign on behalf of another or others.
V. Method of Selection
All proposals received on time will be opened on January 29, 2025. Proposals will first be reviewed to ensure compliance with the te rms of this RFP. Non-compliant or non- responsive proposals may be rejected. The CITY will then evaluate the proposals in accordance with the criteria listed below. Interviews of the PROPOSERS who meet criteria 1 and 2 below will begin on February 3, 2025 and may extend through February 27, 2025. The City may conduct up to two (2) separate interviews of candidates. These are mandatory interviews.
The CITY will maintain a “Register of Propos als” that lists the PROPOSER’S name, the date, and the time that the CITY had received the Proposal. The Proposals will be open to public inspection after the CITY has awarded all Agreements.
A. Basis for Award and Evaluation Criteria
Each PROPOSER’S submission will be review ed, evaluated, and ranked on the criteria listed below.
1) Adherence to minimum requirements (Pass/Fail). A Proposal must adhere to the minimum requirements outlined in Section I E. of this RFP. Failure to comply may eliminate a Proposal from further co nsideration. The CITY may elect to waive any informality in a Proposal if t he sum and substance of the Proposal is present.
2) Adherence to format (Pass/Fail) . A Proposal must adhere to the format outlined in the Proposal Forms. Failure to adhere to this format may eliminate a Proposal from further consideration. The CITY may elect to waive any informality in a Proposal if the sum and substance of the Proposal is present. 3) Experience and qualifications (20%) . Evaluation of a PROPOSER’S experience and capacity to perform the required services in the following:
a. Previous operation and implementat ion of tennis or other similar programs;
17 KHANLARIAN EXHIBIT 4-017
b. Experience operating a concession in a government or school setting; c. Business awards or tennis industry achievements;
d. Certifications in tennis industry;
e. Training experience; and
f. Business management experience.
4) Proposed payment to the CITY (20%). CITY will evaluate the cost benefit to the CITY based on the proposed payments over the term of the Agreement. 5) Financial Stability (15%). Evaluation of PROPOSER ’S financial resources and solvency such as a credit report or business tax return. 6) Range of services (15%). Evaluation of PROPOSER’S ability to provide a well- rounded program in the following:
a. Public rentals;
b. Open play time for community free of charge and without reservations; c. Pickleball hours;
d. Tennis instruction (private);
e. Tennis instruction (group);
f. Tennis Clubs; and
g. Ability to accommodate persons with disabilities and pr ovide integrated programs/services.
7) Daily OPERATIONAL Plan (15%). CITY will evaluate the proposed schedule of OPERATIONS including:
a. Days / Hours of OPERATION;
b. Days / Hours of services provided;
c. Hours offered to community free of charge and without reservations required;
d. Staffing;
e. Leadership at the site;
f. Proposed hours of staff working at the site;
g. Support capability and experience;
h. Reservation/Registrati on software knowledge; and
i. Contingency plans for inclement weather. (no discounts will be provided for inclement weather, so plan accordingly).
8) Advertising and marketing (15%). Evaluation of the marketing plan, and PROPOSER’S ability to attract business to the tennis courts. Evaluation of proposed marketing tools, including:
a. Social media;
b. Website;
c. Proposal to attract new customers; and
d. Proposal for customer retention.
18 KHANLARIAN EXHIBIT 4-018
In addition, the CITY may consider other factors, including, but not limited to, evidence of untimely and unsatisfactory performance on prior, similar work or services.
The CITY may investigate the qualifications of any PROPOSER under consideration, require confirmation of information furnished by the PROPOSER, and require additional information or evidence of qualifications to provide the work and services described in this RFP.
B. Selecting an OPERATOR
To ensure a comprehensive and impartial ev aluation process, a selection committee (“Committee”) will be assembled to review the proposals. The Committee will be selected by the Department Director, and will be comprised individuals with diverse expertise, perspectives, and backgrounds that allow them to objectively evaluate the proposals and Proposers.
The Committee will be sent all proposals that meet the minimum requirements and will review and rate them in acco rdance with the criteria set fo rth in subsection (A) above.
Those results will be submitted to the City fo r review. Subsequently, a meeting will be coordinated virtually with the Committee to narrow down the app licants to up to five (5) proposals per Facility based on t he criteria above. A virtual interview will be set for the Committee to interview the t op Proposers and will result in a recommendation of up to three (3) finalists per Facility. City staff will interview the top three (3) Proposers and make a recommendation to the Department Director, who will submit a recommendation to the City Council, which may select one or more Proposers as an OPERATOR(s).
The Agreement award will be based on a combi nation of factors that reflect the best candidate for completing the work and services, as determined by the CITY, including:
the proposal evaluation criter ia described on the previous pages; results of background and reference checks; and results from interviews and presentation phase.
The City Council must approve an awar d of an Agreement to the successful PROPOSER and no rights or obligations begin under an award until the approval is secured and an Agreement has been duly signed by all parties.
Once selected, the successful PROPOSER must enter into a written Agreement with the CITY within fourteen (14) ca lendar days following PROPO SER’S receiving the CITY’s Notice of Intent to Award an Agreement.
At all times beginning on the date that CITY staff recommends the issuance of this RFP and continuing until the CITY awards an Agreement, if any, all PROPOSERS and their surrogates are prohibited from communicating in any manner regarding the award of an Agreement with any member of the Glendale City Council, or any member of a CITY 19 KHANLARIAN EXHIBIT 4-019
--
board or commission, except as expressly authorized in this RFP. Provided, however, that PROPOSERS and their surrogates are not prohibited from making oral statements to one or more representatives of the CITY during a public meeting, and PROPOSERS may write to the City Council as a whole after CITY staff’s recommended award of an Agreement, if any, is published in anticipation of a public meeting. Moreover, beginning on the date that CITY staff recommends the issuance of this RFP and continuing until the CITY awards an Agreement, if any, all PROPOSERS and their surrogates shall limit communication with CITY staff regarding the award of an Agreement to the written clarification and addendum process described in this RFP, and interviews or discussions pursuant to the evaluation and selection process described in this RFP. Any violation of this section constitutes grounds for disqualification of the offending PROPOSER.
C. City’s Reservation of Rights
This RFP and the proposal evaluation process do not:
Obligate the CITY to accept or select any Proposal;
Constitute an agreement by the CITY t hat it will actually enter into any Agreement with any PROPOSER.
When it best serves the CITY ’s interests, the CITY may do any one or more of the following:
Reject any Proposal or all Proposals at its sole discretion. Extend the deadline for accepting Proposals.
Accelerate the pace of the RFP process if three or fewer Proposals are received. Waive any or all information, defects, irregularities, or informalities in a Proposal. Accept amendments to Proposals after the Proposal Deadline. Amend, revise, or change the RFP’s evaluation or selection criteria. Cancel, withdraw, amend, revise, change, or negotiate the terms of this RFP, the proposed Agreement, or both.
Reissue a Request for Proposals.
Conduct oral interviews.
Visit Proposer’s facilities or business.
Examine financial records of PROPOSER to the extent necessary to ensure financial stability.
Make a partial award.
Negotiate with one or more PROPOSERS.
Award Agreements to one or more PROPOSERS.
Require a best and final offer from one or more PROPOSERS. Provide its own services for tennis OPERATIONS, or Agreement directly— without an RFP or bids— for those services.
20 KHANLARIAN EXHIBIT 4-020
VI. Letter of Objection; Procedures
A PROPOSER that believes that any part of this RFP is discriminatory against the PROPOSER or precludes the PROPOSER fr om being given reasonable consideration in the procurement process must submit a letter clearly stat ing the specific objections, the areas of concern, and a proposed met hod for resolving the objections. The PROPOSER, or the person who is duly author ized to represent the PROPOSER, must sign the correspondence. The CITY must receive the letter of objection on or before 5:00 p.m. December 27, 2024. The CITY will not consider any verbal objection. The letter of objection must be addressed as follows and delivered to:
City of Glendale
Community Services & Parks Department
Attention: Gabrielle Goglia
613 E. Broadway, Room 120
Glendale, CA 91206
Upon the CITY’s timely receipt of the ob jection letter, the CI TY will review the PROPOSER’S contention(s). If the CITY decides that the RFP― whether in whole or in part― needs revision, the CITY will prepare A ddenda, as described in Section II.F of this RFP.
21 KHANLARIAN EXHIBIT 4-021
LEGEND
<!l COMMUNITY BUILDING
@ GLENDALE MODEL RAILROAD CLUB
® CITY YARD BUILDING
@ RESTROOM
® TENNIS CLUB & PRO SHOP
® SHADE STRUCTURES
<lJ PLAYGROUND SHADE SAILS
® PLAYGROUNDS
® WATER SPRAY PLAY AREA
© TENNIS COURTS
® BASKETBALU PICKLE BALL COURTS
@ FITNESS EQUIPMENT STATIONS
@ SOCCER PITCH 120'x180'
® PASSIVE LAWN
@ ROSE GARDEN
CITY OF GLENDALE - FREMONT PARK
Site Ill ustrat ive
[
Burchett Sr
~
17~ LJ~ , I Fairmont Ave ~
~
foly 18, 2024 a,!;'fiJt-"2 """"1D:
Arden Ave _j \.._ ___ ~
\)~ ~\
Arden Ave
EXHIBIT I
Aerial of Fremont Park (Rendering of Project Currently Under Construction) Fremont Park Tennis Courts, located at 600 W. Hahn, Glendale, 91203 Consists of:
8 Lighted tennis courts, 1 court lined with 4 pickleball courts Tennis Office
Accessible Parking Lot
Map of Fremont Park Location
22 KHANLARIAN EXHIBIT 4-022
•we===~§L~~~~ d Santa Barbare-Ave
Som bra Or
Santa Pau la Pl
Ramona Ave
0 "' ::,
"' C.
"' --=,,------../
~ GlorieUa Ave
C.
EXHIBIT II
Aerial of Glorietta Park
Glorietta Tennis Courts, located at 2801 N. Verdugo Rd., Glendale, 91208 Consists of:
4 lit tennis courts
Tennis office
Limited parking
Map of Glorietta Park Location
23 KHANLARIAN EXHIBIT 4-023
'''" .....
: ,. .,· rnEm "~ ... : :
Resident: $22/ hr
Non-Resident:$48/ Non profits/ hr Hard court Nonprofit Residents ($9/ $15.50 per • "LU.
$23/ hr (Resident):$22/hr Hr or $81/day) hour, plus
.. • ;11;..a
Clay court Nonprofit(non- Non Resident processing
.. $27 / hr resident): $35/hr $8/hr ($18/h r or fee $35.00 $10/hr mlmlD
Pickleball Commercial group $108/day and deposit court $15/ Commerical hr (resident):$48/hr ($25/h r or $50.00
Commercial group $125/day) (non-resident):$ 72/
hr
$15.50 per
-- hour, plus .. , .
.. Same as $9/hr No separate processing $15/hr same as above - - non-peak rate fee $35.00 .. . - and deposit
$50.00
$15.50 per
• • 1:.u1•
hour, plus $15 per Same as No separate processing ..... , .. same as above $9/hr hour all day mm
non-peak rate fee $35.00 weekends and deposit
$50.00
Free on
$15.50 per non-holiday
weekends,
- - Organized 55+ hour, plus Monday . .
$10/hr ($9/ Hr or $81/ processing through .. same as above NA fee $35.00 day) and deposit Friday, year $50.00 -round,
from 3 to 5
pm.
Sunday (Monday weekday 8am-11am
4p-9p 8 am to 12 pm and and Mon- through
.. . NA 9AM-SPM Friday, 4 weekends 5 pm to9 pm day - Fri- pmto 8a-2p day4pm - close) 9:30pm Charges
court rent- None, all Contracted Through Resident: al between instructors instructors ~ $17-$20, are staff at have a 70/30 contract $20/hr
all coaches same as above the Ana- split for clas- classes or an Non- . ,.., oug
are inde- heim Ten- ses and 80/20 agreement resident:
pendent nis Center split for pri- with iTennis. $25/hr
contractors vale lessons
~ 6 week Contracted
sessions $25-$30/ instructors Through
1 ---~:·•· Varies have a 70/30 contract $130 between hour . . . $140-$155 split for Group classes .
l\11t· Lessons
lim -~ Contracted
$90.$150/ instructors Through Not availa-
~
-- have a 80/20 NA same as #8 contract hour split for pri- classes . ble . ~ vale lessons
EXHIBIT III
Sample Fees for Tennis Court Usage in Various Southern California Cities (Updated August 2024)
24 KHANLARIAN EXHIBIT 4-024
*These sample fees were collected from calls to other cities but may contain errors. This sample list should be used as a guideline for setting rates in the proposal only.
25 KHANLARIAN EXHIBIT 4-025
___________________________________________________
______________________
EXHIBIT IV
TENNIS OPERATOR PROPOSER INFORMATION
Use the following forms to provide information necessary to complete the Request for Proposals. Proposers are advised that statements made in the Proposal Information forms may be incorporated into the Agreement.
All questions must be answered concisely and completely.
Basic Information
PROPOSER’S Name: ____________________________________
Company’s Name (if Agreement will be with a Company):
Address: ______________________________________
City: _______________________ State: ____ Zip Code: ________ Principal Telephone: __________________ Fax: ___________________ Contact Person Name: ________________________ Title: ______________________ Telephone: _______________________E-Mail: ______________________________ PROPOSER’S Social Security Number (if PROPOSER is an individual):
Company’s Tax ID Number (if PROPOSER is a business): ______________________ The City of Glendale may: (1) request credit, criminal, and in vestigative reports about you and your company, and (2) contact the re ferences, government entities, and other persons listed in this Proposal. The City of Glendale will use this information to evaluate your company’s financial resources, responsibility, and integrity with respect to this Proposal, an award of t he Agreement, or any Agreement renewal. The City of Glendale will treat any information that it obtains now or later as confidential.
Do you and your company authorize the City of Glendale to obtain credit, criminal, and investigative reports about you and your company:
____ Yes ____No
Do you and your company authorize the references, government entities, and other persons listed in this Proposal to release information about you and your company to the City of Glendale?
____Yes ____No
26 KHANLARIAN EXHIBIT 4-026
TO THE CITY OF GLENDALE, CALIFORNIA:
In response to the Request for Proposals (“RFP”) by the City of Glendale (“CITY”), the undersigned person or entity (“PROPOSER”) now submits this Propo sal (“Proposal”), with the accompanying forms and attachments.
Under the penalty of perjury, PROPOSER certifies that:
A. This Proposal is genuine, is not a sham or co llusive, and is not made in the interest of, or on behalf of, any person, partnership, corporation, company, organization, or another entity not named or disclosed in the Proposal;
B. PROPOSER did not, directly or indirectly, induce, agree, or solicit anyone else to submit a false or sham Proposal, to refrain from proposing, to withdraw a Proposal, or to attempt to induce an action prejudicial to CITY’s interests;
C. PROPOSER has not sought by collusion, in any manner, to secure for PROPOSER any advantage over other PROPOSERS;
D. All facts and statements in the Proposal are completely true, accurate, and correct.
PROPOSER SIGNATURE: ____________ _______________ DATE: _____________ PROPOSER PRINTED NAME: ________________________
PROPOSER TITLE: _________________________________
27 KHANLARIAN EXHIBIT 4-027
_____
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________
GENERAL STATEMENT OF QUALIFICATIONS
(Attach additional pages if necessary, and title each page “General Statement of Qualifications, Page 28A”)
How many years has PROPOSER previous ly operated a tennis reservation system:
Previous Experience
1) Name of operation: ________________________________
Dates PROPOSER worked: ______________________________
Role in operation: ___________________________________
Supervisor’s Name: __________________________________
Briefly describe how reservations were taken in this operation:
2) Name of operation: ________________________________
Dates PROPOSER worked: ______________________________
Role in operation: ___________________________________
Supervisor’s Name: __________________________________
Briefly describe how reservations were taken in this operation:
3) Name of operation: ________________________________
Dates PROPOSER worked: ______________________________
Role in operation: ___________________________________
Supervisor’s Name: __________________________________
Briefly describe how reservations were taken in this operation:
Is PROPOSER a member of the USPTA professional organization? ______ Please list any additional relevant certifications: _______________________________ Please list any industry ac hievements or awards that the PROPOSER may have gained:
28 KHANLARIAN EXHIBIT 4-028
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Briefly describe the PROPOSER’S experience in working with Tennis Professionals:
Briefly describe the PROPOSER’S experience as related to operating a tennis reservation system:
29 KHANLARIAN EXHIBIT 4-029
□
□
PROPOSER’S BACKGROUND
Please answer the following background questions and provide an indication of financial resources and solvency such as a credit score report or business tax return. Attach supporting documents and title them “Background, page 30A.” Have you ever been convicted of a Criminal Offense (misdemeanor or felony) other than a minor traffic violation?
Yes
No
If yes, please provide information pertaining to ALL convictions, unless sealed or expunged. Do NOT list arrests that did not result in a conviction. If you have been arrested and a determination is pending, also not the information below. _____________________ _______________________________ ______________________ Date of Conviction Code Section Violated (Number & Title) Felony or Misdemeanor __________________________________________________________________________________ Sentencing Information:
(length of jail sentence, time serviced, monetary fine, terms of parole and/or probation) __________________________________________________________________________________ Description of Offense and Additional Remarks
_____________________ _______________________________ ______________________ Date of Conviction Code Section Violated (Number & Title) Felony or Misdemeanor __________________________________________________________________________________ Sentencing Information:
(length of jail sentence, time serviced, monetary fine, terms of parole and/or probation) __________________________________________________________________________________ Description of Offense and Additional Remarks
_____________________ _______________________________ ______________________ Date of Conviction Code Section Violated (Number & Title) Felony or Misdemeanor __________________________________________________________________________________ Sentencing Information:
(length of jail sentence, time serviced, monetary fine, terms of parole and/or probation) __________________________________________________________________________________ Description of Offense and Additional Remarks
_____________________________________________ ________________________ Signature Date
30 KHANLARIAN EXHIBIT 4-030
______________________________________________
______________________________________________
REFERENCES
Please provide a minimum of three referenc es as to the PROPOSER’S experience qualifications (Two of the re ferences MUST be of most re cent Operator Agreements held).
Reference #1
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Operation: ______ / ______
May we contact this reference? Yes ___ No ___
If no, please explain as to why?
Reference #2
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Concession Operation: ______ / ______ May we contact this reference? Yes ___ No ___
If no, please explain as to why?
31 KHANLARIAN EXHIBIT 4-031
______________________________________________
______________________________________________
Reference #3
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Concession Operation: ______ / ______ May we contact this reference? Yes ___ No ___
If no, please explain as to why?
Reference #4
Contact Name: ___________________________Title: __________________________ Address: ___________________________________________________ City: __________________________ State: ____ Zip Code: ________ Telephone: ______________________E-Mail: ________________________________ Starting / Ending Date of Concession Operation: ______ / ______ May we contact this reference? Yes ___ No ___
If no, please explain as to why?
32 KHANLARIAN EXHIBIT 4-032
□
□
EXHIBIT V
PROPOSAL FORMS
TENNIS OPERATION PROPOSAL
Use the following forms to provide information necessary to complete the Request for Proposals. Proposers are advised that statements made in the Proposal Information forms may be incorporated into the Agreement.
All questions must be answered concisely and completely.
This proposal is for the OPER ATION at the following Facility ( Check only one (1) box below. If submitting a proposal for multiple Facilities, y ou MUST submit a separate packet of Exhibit V Forms for EACH Facility):
Fremont Park Tennis Court
Glorietta Park Tennis Court
All pages of Exhibit V must be for the same Facility OPERATION proposal. The box at the top of each page MUST match the box checked above.
You may submit up to two (2) different proposals with this application (one for each of the above options).
Each proposal must include all pages of Exhibit V (pages 33-46). 33 KHANLARIAN EXHIBIT 4-033
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
OPERATIONAL PLAN
List of Services
Please complete the following sections. A ttach any additional pages needed, and title them “List of Services, Page 34A.”
Please describe the Group Lessons Proposer intends to offer, including but not limited to: general class descriptions, classes of va rious skill levels to be offered, number classes per week, number of students in cl ass, duration of a session, and whether OPERATOR or staff will teach the lessons:
__________________ ______________________________
Please describe the Private Less ons Proposer intends to offe r, including but not limited to: general class descriptions, number of classes per week, and whether OPERATOR or staff will teach the lessons:
__________________ ______________________________
Please describe the reservation system PROPO SER intends to use for court rentals, including but not limited to: number of courts available for reservatio n, number of courts available for drop-by customers, hours of operation for court r entals, and whether OPERATOR or staff will supervise court rentals: _________________________ Please describe the financial system PROPOSER intends to use for court rentals, lessons, merchandise sales, etc. (if different than the system for reservations). Please attach an example of a monthly gross revenue report from the financial system PROPOSER intends to use and title it “Gross Revenue Example, Page 34B.”_________________________________________________________________ 34 KHANLARIAN EXHIBIT 4-034
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ____________________________________________________
Please describe any camps PROPOSER intends to offer, including but not limited to:
ages for camp participants, months camps wil l be offered, duration of camps, general camp description, and whether OPERATOR or staff will operate camps: ___________ Please describe any tournaments PROPOSER intends to offer, including but not limited to: ages brackets, participant eligibility for tournaments, number of tournaments per year, duration of tournaments, and tournament participation / winning awards: _______ Please describe any proposed special events or programming that will be offered, such as “Doubles Night” or “Teen Night”, etc.: _____________________________________ Please describe the hours of operation open to the public, and the plan for court supervision if classes or other programs are not scheduled. Please include who will supervise public hours (i.e. self, staff, etc.). Please include open court time that may be available during which community members do not need to pay for court time:__________________________
Please describe any additional programming and / or services PROPOSER intends to offer as part of the OPERATION:
35 KHANLARIAN EXHIBIT 4-035
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 36 KHANLARIAN EXHIBIT 4-036
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Staff Information
List each employee/independent c ontractor/volunteer who will be at the facility (Attach additional sheets if necessary, and title them “Staff Information, Page 37A”) STAFF #1
Check one: __Employee __Indepe ndent Contractor __Volunteer Name: _________________________________ Title/Ro le: _____________________ Salary: _______________________ Pr oposed Hours: _________________________ Relationship with any schools
(if applicable): _____________________________________
Professional Background/ Professional Affiliations: _____________________________ List of Professional Certifications/Licenses Held: _______________________________ Professional and Civic Involvement: _________________________________________ Honors and Awards: _____________________________________________________ STAFF #2
Check one: __Employee __Indepe ndent Contractor __Volunteer Name: _________________________________ Title/Ro le: _____________________ Salary: _______________________ Pr oposed Hours: _________________________ Relationship with any schools
(if applicable): _____________________________________
Professional Background/ Professional Affiliations: _____________________________ List of Professional Certifications/Licenses Held: _______________________________ Professional and Civic Involvement: _________________________________________ 37 KHANLARIAN EXHIBIT 4-037
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Honors and Awards: _____________________________________________________ 38 KHANLARIAN EXHIBIT 4-038
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
MARKETING AND ADVERTISING
Please discuss PROPOSER’S marketing and adver tising plan to attract youth, adults, tennis groups and clubs, and tennis instructor s. Attach additional pages as necessary and title them “Marketing and Advertising, Page 39A.”
Which of the following advertising methods does the Proposer intend to use (check all that may apply), and the frequency which Proposer intends to utilize these methods:
____ Banners ____ frequency ____ Flyers ____ frequency ____ Website ____ frequency ____ X ____ frequency
____ Facebook ____ frequency ____ Instagram _____ frequency ____ Other forms (please list): _____________________________________________ Please provide a summary of PROPOSER’S plan to advertise OPERATIONS, including obtaining new customers and customer retention: ______________________________ 39 KHANLARIAN EXHIBIT 4-039
□ □
PROPOSED SCHEDULE OF OPERATIONS
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility, please provide a sample of a weekly schedule of operations (Monday through Sunday), including but not limited to the following: a schedule of maintenance, court use (rentals, lessons, special events, etc.), and staffing schedule. Please include the hours that the OPERATOR will be on site, and when staff will be working. A separate form may be submitted in addition to, or in lieu of this form, titled “Proposed Schedule of OPERATIONS, Page 40A.”
Please also provide a total of each program type proposed weekly. This is a cumulative total of all courts at the above checked Facility each week:
Open Courts (free to public): _________________________ hours per week Court Rentals (paid reservations by public): ______________hours per week Lessons: _________________________________________hours per week Camps: __________________________________________hours per week Pickleball Reservations: _____________________________hours per week Other (please describe): _____________________________hours per week Other (please describe): _____________________________hours per week 40 KHANLARIAN EXHIBIT 4-040
Example
Court 1
Example
Court 2
Court 1
Court 2
Court 3
Court 4
Court 5*
Court 6*
Court 7*
Court 8*
7a-8a
Maint.
Maint.
8a-9a
Court
Rental
9a-10a lOa-lla lla-12p 12p-lp
Court
Rental
Court
Lessons Lessons Lessons
Court
lp-2p 2p-3p 3p-4p 4p-Sp Sp-6p 6p-7p 7p-8p
Pickleball I Pickleball I Pickleball I Pickleball
Rental Rental Rental Rent al Lessons Lessons Lessons
Court Court Open Open Open Court
Rental Rental I Lessons I Lessons I Rent al Rental I Rent als I Courts** I Courts** I Courts** I Lessons I Lessons *For Proposals to Operate Glorietta, please only complete schdule for Courts 1 - 4. ________ **Open courts are community times when the_ courts are fre e to the_ community. ______________ _ 41 KHANLARIAN EXHIBIT 4-041
□ □
FINANCIAL PROJECTIONS & PLANNING
Proposed fees to be charged to the public for the use of the courts.
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility OPERATION, please provide a list of proposed fees to be charged (use additional sheets if necessary, and title them “Proposed Fees, Page 43A”):
Weekdays
From: ____________a.m. To: ____________p.m.
Rate: $ _______ per court / per hour
Evenings
From: ______________p.m. To: ____________p.m.
Rate: $ _______ per court / per hour
Weekends
From: ______________a.m. To: ____________p.m.
Rate: $ _____________ per court / per hour
Senior Rates
From: ______________a.m. To: ____________p.m.
Rate: $ _____________ per court / per hour
Private tennis instruction (not conducted by OPERATOR)
Rate: $_____________
Group Tennis Lessons (conducted by OPERATOR or staff)
Rate: $_____________ per student / per session
# of Classes: ____________ per session
Individual Tennis Lessons (conducted by OPERATOR or staff) Rate: $_____________ per hour
Tennis Clubs
Rate: $_____________ per session
# of Meetings: __________ per session
Please list any additional fees and unit of measurement for proposed activities:
Activity: ___________________
Rate: $_______________ per session
42 KHANLARIAN EXHIBIT 4-042
# of Meetings: ____________ per session
43 KHANLARIAN EXHIBIT 4-043
□ □
Payment
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility OPERATION, please fill in the amount of proposed payment to the CITY as cons ideration for your right and privilege to operate the tennis courts. Include the propos ed percentage figure assigned to gross revenue above the proposed minimum monthly payment.
In addition, complete a Pro Form a Profit projection for the fi rst five-year term, including projected revenues from operations.
These fees MUST include anticip ated weather-related closures and participation levels.
CITY will NOT discount payments listed here and in AGREEMENT due to inclement weather.
MONTH 2025 2026 2027 2028 2029 2030
January $ _________ $________ _ $________ _ $________ _ $________ _ $________ _ February $ _________ $_________ $________ _ $________ _ $________ _ $________ _ March $ _________ $________ _ $________ _ $________ _ $________ _ $________ _ April $ _________ $________ _ $________ _ $________ _ $________ _ $________ _ May $ _________ $________ _ $________ _ $________ _ $________ _ $________ _ June $ _________ $________ _ $________ _ $________ _ $________ _ $________ _ July $_________ $________ _ $________ _ $________ _ $________ _ $________ _ August $_________ $________ _ $________ _ $________ _ $________ _ $________ _ September $_________ $________ _ $________ _ $________ _ $________ _ $________ _ October $_________ $________ _ $________ _ $________ _ $________ _ $________ _ November $_________ $________ _ $________ _ $________ _ $________ _ $________ _ December $_________ $________ _ $________ _ $________ _ $________ _ $________ _ Annual Payments: $_________ $________ _ $________ _ $________ _ $________ _ $________ _ Proposed percentage figure assigned to gross revenue: _______%.
Example of Financial Report
44 KHANLARIAN EXHIBIT 4-044
______________________________________________________________________ Name of Reservation Software you will use: ________________________________ Name of Financial Software that you will use (if different from the Reservation Software listed above): __________
45 KHANLARIAN EXHIBIT 4-045
□
2 3
4 5
6 PROPOSER'S NAME:
PROJECTED
REVENUE
Rental Sales
Lesson Sales
Camp Sales
Tournament Sales
Miscellaneous Sales
Total Gross Revenue
(Add Lines 1 through 5)
□
5 YEAR REVENUE ANALYSIS
5 YEAR PROJECTED FINANCIAL PLAN
-----------------------
YEAR 1 YEAR2 YEAR3 YEAR4 YEAR5
Revenue Analysis
Check only one (1) box below:
Fremont Park Glorietta Park
For the above checked Facility OPERATION, please complete a 5 -year revenue analysis.
46 KHANLARIAN EXHIBIT 4-046
EXHIBIT VI
INSURANCE REQUIREMENTS
“WORKERS’ COMPENSATION” INSURANCE
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— for the duration of this Agreement:
(A) Complete Workers’ Compensation insurance, meeting or exceeding the coverages and amounts that California law requires; and (B) Employer’s Liability insurance in an amount not less than:
(1) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease;
(2) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and
(3) ONE MILLION DOLLARS ($1,000,000) policy limit.
1.2 OPERATOR shall provide CITY with a “certificate of insurance” and a subrogation endorsement, “Waiver of Our Right to Recover From Others”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, this Agreement’s workers’ compensation insurance requirements.
1.3 CITY shall not be liable to OPERATOR’s personnel, or anyone OPERATOR directly or indirectly employs or uses, for a claim at law or in equity arising out of OPERATOR’s failure to comply with this Agreement’s workers’ compensation insurance requirements.
47 KHANLARIAN EXHIBIT 4-047
“SEXUAL ABUSE OR MOLESTATION” (SAM) LIABILITY
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— for the duration of this Agreement:
(A) Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the Commercial General Liability policy referenced in the insurance requirements is not endorsed to include affirmative coverage for sexual abuse or molestation, OPERATOR shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 48 KHANLARIAN EXHIBIT 4-048
“COMMERCIAL GENERAL LIABILITY” OR “BUSINESSOWNERS LIABILITY”
INSURANCE
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— a “Commercial General Liability” or a “Businessowners Liability” insurance policy on an occurrence basis to fully protect OPERATOR and CITY from claims and suits for bodily injury, personal and advertising injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives (collectively, “CITY AND ITS REPRESENTATIVES”) as additional insureds.
1.2 Coverage afforded to CITY AND ITS REPRESENTATIVES must be at least as broad as that afforded to OPERATOR. If OPERATOR has higher limits than the limits specified in these insurance requirements, or has additional broader coverage, or has both, the insurer shall make available the higher limits and broader coverage to CITY AND ITS REPRESENTATIVES. The insurance mu st be written for the limits of liability specified below:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for bodily injury (including accidental death) to any one person;
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for personal and advertising injury to any one person;
(C) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for property damage; (D) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for sexual abuse or molestation to any one person; and
(E) TWO MILLION DOLLARS ($2,000,000) general aggregate limit, or the full aggregate limits of the policy― whichever limit is greater. 49 KHANLARIAN EXHIBIT 4-049
1.3 The liability insurance must include all major divisions of coverage and must cover:
(A) Premises OPERATIONS (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable);
(B) Independent OPERATORs’ Protective Liability;
(C) Products and Completed OPERATIONS (maintain same limits as above until five (5) years after recordation of Notice of Completion); (D) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted);
(E) Contractual Liability;
(F) Broad Form Property Damage; and
(G) Sexual Abuse or Molestation Liability (including coverage for: (i) physical, emotional, psychological injury or harm of a person; and (ii) negligent employment, supervision, investigation, reporting or failing to report to proper authorities, or retention of an employee, agent, representative, volunteer, Subcontractor, or person whose actual, alleged, attempted, or threatened behavior, conduct, or verbal or nonverbal communication― whether or not intentional― results in physical, emotional, psychological injury or harm of a person or persons).
1.4 OPERATOR shall provide CITY with a “certificate of insurance,” an “additional insured endorsement,” and a subrogation endorsement, “Waiver of Transfer to Rights of Recovery Against Others”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5 The “certificate of insurance” and an “additional insured endorsement” must state:
50 KHANLARIAN EXHIBIT 4-050
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insuranc e applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
“BUSINESS AUTOMOBILE” LIABILITY INSURANCE
1.1 At its own expense, OPERATOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— a “Business Automobile” insurance policy on an occurrence basis to fully protect OPERATOR and CITY from claims and suits for bodily injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives as additional insureds.
1.2 The insurance must not be written for less than the limits of liability specified below or required by law, whichever coverage amount is greater:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or
(C) TWO MILLION DOLLARS ($2,000,000) combined single limit (“CSL”).
1.3 The liability insurance must include all major divisions of coverage and must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned.
1.4 OPERATOR shall provide CITY with a “certificate of insurance” and an “additional insured endorsement”— on forms satisfactory to the City Attorney or City’s Risk Manager and signed by the insurance carrier or its authorized 51 KHANLARIAN EXHIBIT 4-051
representative— which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5 The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insuranc e applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
GENERAL REQUIREMENTS
1.1 At all times, the insurance company issuing the policy must meet all three of these requirements:
(A) It must be “admitted” insurer by the State of California Department of Insurance or must be listed on the California Department of Insurance’s “List of Approved Surplus Line Insurers” (“LASLI”);
(B) It must be domiciled within, and organized under the laws of, a State of the United States; and
(C) It must carry a minimum A.M. Best Company Financial Strength Rating of “A:VII,” or better.
1.2 If the Agreement requires any of the foregoing insurance coverages to remain in force after the Final Payment, and if they are reasonably available, OPERATOR shall submit to CITY— with the final Application for Payment— all certificates and additional insured endorsements evidencing the coverages’ continuation. 52 KHANLARIAN EXHIBIT 4-052
1.3 A deductible or self-insured retention is subject to CITY’s review and approval, in its sole discretion. The insurance company or its authorized representative must state either on the insurance certificate or in a separate correspondence:
(A) The amount of the deductible, or self-insured retention, or both; (B) Whether a limit of insurance has been lowered by any pending or paid claim; and
(C) The current limit amount, as lowered by the pending or paid claim.
1.4 Despite any conflicting or contrary provision in OPERATOR’s insurance policy:
(A) If OPERATOR’s insurance company adds CITY, and its officers, agents, employees, and representatives (collectively, “its representatives”) as additional insureds, then for all acts, errors, or omissions of CITY, or its representatives, or both, that insurer shall:
(1) Pay those sums that CITY, or its representatives, or both, become legally obligated to pay as damages; and
(2) Defend— and pay the costs of defending— CITY, or its representatives, or both;
(B) OPERATOR’s insurance is primary;
(C) Other insurance (whether primary, excess, contingent or self-insurance, or any other basis) available to CITY, or its representatives, or both, is excess over OPERATOR’s insurance;
(D) CITY’s insurance, or self-insurance, or both, will not contribute with OPERATOR’s insurance policy;
(E) OPERATOR and OPERATOR’s insurance company waive— and shall not exercise— any right of recovery or subrogation that OPERATOR or the insurer may have against CITY, or its representatives, or both; 53 KHANLARIAN EXHIBIT 4-053
(F) OPERATOR’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability;
(G) OPERATOR’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage; and (H) CITY is not liable for a premium payment or another expense under OPERATOR’s policy.
1.5 At any time during the duration of this Agreement, CITY may do any one or more of the following:
(A) Review this Agreement’s insurance coverage requirements; or (B) Require that OPERATOR:
(1) Obtain, pay for, and maintain more or less insurance depending on CITY’s assessment of any one or more of the following factors:
(a) CITY’s risk of liability or exposure arising out of, or in any way connected with, the services of OPERATOR under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of OPERATOR under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage;
(2) Reduce or eliminate a deductible or self-insured retention as it applies to CITY; or
54 KHANLARIAN EXHIBIT 4-054
(3) Obtain, pay for, and maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to CITY for liability, or costs, or both, that CITY incurs during CITY’s investigation, administration, or defense of a claim or a suit arising out of this Agreement.
1.6 OPERATOR shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that CITY specifies for any coverage that OPERATOR must maintain after the Final Payment.
1.7 OPERATOR’s insurance company or self-insurance administrator shall mail CITY written notice at least thirty (30) days in advance of the policy’s or the self- insurance program’s cancellation, termination, non-renewal, or reduction in coverage.
1.8 OPERATOR shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Twenty-one (21) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, OPERATOR shall deliver to CITY evidence of the required coverage as proof that OPERATOR’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
1.9 At any time, upon CITY’s request, OPERATOR shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising OPERATOR’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
1.10 If OPERATOR hires, employs, or uses a Subcontractor to perform work, services, OPERATIONS, or activities on OPERATOR’s behalf, OPERATOR shall ensure that the Subcontractor:
(A) Meets, and fully complies with, this Agreement’s insurance requirements; (B) Delivers to CITY— for its review, or approval, or both— all insurance policies, certificates, and endorsements that this Agreement requires; and 55 KHANLARIAN EXHIBIT 4-055
(C) Furnishes CITY, at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for CITY’s review, or approval, or both.
1.11 OPERATOR’s failure to comply with an insurance provision in this Agreement constitutes a breach upon which CITY may immediately terminate or suspend OPERATOR’s performance of this Agreement or invoke another remedy that this Agreement or the law allows. At its discretion, CITY may obtain or renew the insurance, and CITY may pay all or part of the premiums. Upon demand, OPERATOR shall repay CITY for all sums or monies that CITY paid to obtain, renew, or reinstate the insurance, or CITY may offset the cost of the premium against any sums or monies that CITY may owe OPERATOR.
OPERATOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
1.1 OPERATOR shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents, unless an exception below applies. When OPERATOR signs and deliver s the Agreement to CITY, OPERATOR also shall deliver:
(A) A “certificate of insurance” for each required liability insurance coverage; (B) CITY’s “General Liabilit y/Automobile Liability Special Endorsement” form (L- 15), unless this Agreement does not require OPERATOR to obtain and maintain Commercial General Liability coverage, Businessowners Liability coverage, or Automobile Liability coverage;
(C) A subrogation endorsement, “Waiver of Transfer to Rights of Recovery Against Others,” for Commercial General Liability coverage or Businessowners Liability coverage;
(D) A “certificate of insurance” for Workers’ Compensation insurance; or If OPERATOR is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California; or If OPERATOR is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form;
56 KHANLARIAN EXHIBIT 4-056
(E) A subrogation endorsement, “Waiver of Our Right to Recover From Others,” for Workers’ Compensation coverage; and
(F) A complete copy of OPERATOR’s Professional Liability insurance policy, including all forms and endorsements attached to it.
1.2 CITY will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved the insurance documents. CITY's decision as to the acceptabi lity of all insurance documents is final.
Unless OPERATOR obtains CITY’s written approval, CITY will not permit or allow a substitution of an insurance policy, or a change in a certificate’s or an endorsement’s form and content, or both.
INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
2.1 This Agreement’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. 57 KHANLARIAN EXHIBIT 4-057
EXHIBIT VII
INSURANCE REQUIREMENTS AFFIDAVIT
THE PROPOSER’S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE PROPOSER MUST SUBMIT THIS AFFIDAVIT WITH THE BID FORMS.
I, the undersigned (please check one box: underwriter agent), certify that I and the PROPOSER listed below have jointly reviewed the “Insurance Requirements” in this Request for Proposals. If the City of Glendale (“City”) awards the PROPOSER the Contract for the tennis OPERATION, I will be able—within fourteen (14) calendar days after the PROPOSER is notif ied of the Contract’s award—to furnish the City with valid insurance forms (including one or more insuran ce certificates and additional insured endorsements) that fully meet all of the Insurance Requirements.
Name of Insurance Company Date
Insurance Agent’s Name (Printed) Insurance Agent’s Name (signature) Address City State Zip Code
Telephone Number FAX Number Email Address
Tennis OPERATION
OPERATOR’s Name Request for Proposal
Below State the Name of Insurance Company Providing Coverage:
DO NOT write “Will Provide,” “To Be Determined,” “When Required,” or similar phrases.
Commercial General Liability Automobile Liability
Workers’ Compensation Liability
NOTE TO THE UNDERWRITER / AGENT: If the insurance forms that the PROPOSER submits to the City do not fully comply with the Insurance Requirements, and/or if the PROPOSER fails to submit the forms within the 14-day time limit, the City may: (1) declare th e PROPOSER’S Proposal non-responsive, and (2) award the Contract to the next highest scoring, responsible PROPOSER. 58 KHANLARIAN EXHIBIT 4-058
If you have any questions about In surance Requirements, please contact Veronika Padron, Risk Management Section, at (818) 550-4354.
59 KHANLARIAN EXHIBIT 4-059
EXHIBIT 5
CONTRACT No. ---
CITY Of GLENDALE
COMMUNITY SERVICES & PARKS DEPARTMENT
FACIUTY USE AG~E~MENT
G!orietta Tennis Courts
THIS FACILITY USE AGREEMENT ("Agreement"), effective March 1, 2015 ("Agreement's Eff~ctive _Da_t~"), is between the City of Glendale ("CITY"), a municipal corporation, and Vigen Khanlarian ("CONTRACTOR"), an individual (collectively, "PARTIES" or indivldually, "PARTY")
RECITALS
1. CITY is a public entity organized and existing under its Charter and t~e State of California's Constitution.
2. CONTRACTOR's principal address is 5049 Caroline Way, Glendale, California 91214.
3. CITY owns real property and the tennis courts on it known as the Glorietta Tennis Courts, located at 2801 N. Verdugo Rd., Glendale, California 91208 ("Facility"). The Facility consists of:
A. Four (4) tennis courts open to the public; and
B. One (1) 154 square foot freestanding, single-story: storage room, restroom, and office (collectively, "Building").
4. CITY's Community Services and Parks Department ("Parks Department") currently operates, manages, and maintains the Facility.
5, CITY needs a private party to operate the Facility, by providing various tennis services including, but not limited to: court reservations, classes, clinics, camps, tournaments, and events ( collectively, "Services"), which are more particularly described in Paragraphs 7. i and
9.1 of this Agreement
6. On July 7, 2014, CITY issued a "Request for Proposals" for Tennis Concessions at Ftemont & Glorietta Parks ("RFP")- which is attached as "Exhibit A" and is fully incorporated into this Agreement by this reference- describing CITY's need for select a qualified and experienced tennis professional to operate and manage the tennis reservation system and to provide tennis services, and setting forth qualifications, conditions, and requirements for those services.
7.. On August 29, 2014, CONSULTANT submitted a Proposal and a Clarification/Correction to Proposal (collectively, "CONTRACTOR's Proposal"), which is attached as "Exhibit B" and is fully incorporated into this Agreement by this reference.
8. On November '10, 2014, CITY mailed CONTRACTOR a "Notice of Intent to Award," which is attached as ''Exhibit C" and is fully incorporated into this Agreement by this reference
9. On January 13, 2015, the Glendale City Council ("City Council") adopted a Motion-which is attached as "Exhibit D" and is fully incorporated into this Agreement by this reference accepting CONTRACTOR's Proposal and authorizing the City Manager or a designee to enter into and sign a facility use license agreement with CONTRACTOR
10. CONTRACTOR desires to use the Facility, and from that location, furnish and perform the Services that CITY seeks, on tile terms and conditions described in this Agreement 1 j;\i=!LES\DOCFILES'v\GM\~t\RKSffEN1~iS CONCESS!Oi\J\GLOR!!:TTA - KH/~NLA.RJA.N - FAC!UT( USE .AG?.EEMENT ~ F!NP-L - 3-9-15 ~ !tOO pm· L·1Gti..dvc
KHANLARIAN EXHIBIT 5-001
11. '12.
CONTRAC!OR. possesse_s the competence, experience, expertise, skill, equipment, personnel, financ'.al w~erew1thal, legal authority, and other resources necessary to provide and perform the Services In a professional and competent manner.
CITY_ has determined that CONTRACTOR's use of the Facility- to provide and perform the Serv1c~~ to the community- is in the public interest and fulfills one of the intended purposes of municipal government.
AGREEMENT
. (Articles 1 - 56)
CITY and CONTRACTOR agree as follows:
1.0. INCORPORATION OF RECITALS.
1.1. The Recitals constitute the factual basis upon which CITY and CONTRACTOR have entered into this Agreement. CITY and CONTRACTOR acknowledge the Recitals' accuracy and, therefore, incorporate them into this Agreement.
2.0. ADMINISTRATION OF FACILITY USE AGREEMENT.
2.1. The Director of Community Services and Parks ("Parks Director"), or a designee, will administer this Agreement on CITY's behalf. Vigen Khanlarian will administer this Agreement on CONTRACTOR's behalf.
3.0. TERM.
3.1. Initial Term.
3.1.1. This Agreement is for a period of five (5) years ("initial term"), beginning on March 1, 2015 ("starting date"), and ending on February 29, 2020 ("ending date"), unless:
(a) Either PARTY, at any time, elects to end this Agreement for any reason, by giving the other PARTY written notice at least sixty (60) days before the intended termination date; or (b) The Agreement is terminated sooner according to the terms elsewhere in this document.
3.2. Renewal term.
3.2.1. Before the initial term's ending date, CITY will have the option of renewing this Agreement, five (5) additional times- once in 2020, 2021, 2022, 2023, and 2024- with each renewal for a period of one (1) year ("renewal term").
3.2.2. At least one-hundred eighty (180) days before the initial term's ending date, CONTRACTOR must give CITY written notice, advising CITY whether CONTRACTOR desires to renew this Agreement.
3.2.3. At least ninety (90) days before the initial term's ending date, CITY will give written notice to CONTRACTOR, advising CONTRACTOR whether CITY has elected to renew this Agreement. Exercise of the renewal option will be at the Parks Director's sole discretion and will require the City Manager's written approval.
Upon renewal, this Lease and Operating Agreement may be subject to new or additional terms and conditions.
Otherwise, without further notice, this on the initial ending date specified in Paragraph 3.1.1. 2 J:\FILES\DOCFILESIAGM\PARKS\TENNIS CONCESSION\GLORIETTA - KHANLARIAN - FACILITY USE AGREEMENT - FINAL- 3-12-15 - 1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-002
4.0. LICENSE TO ENTER. USE, AND OPERATE FACILITY.
4.1. CITY grants to CONTRACTOR a non-exclusive, revocable right and privilege ("license") to enter upon, use, and operate the Facility and to provide and perform the Services. CONTRACTOR acknowledges that during this Agreement's initial term and renewal term, and at all times afterwards:
(a) CITY is not renting or leasing the Facility to CONTRACTOR; (b) CONTRACTOR is a licensee and is not a tenant or lessee of the Facility; (c) CITY has title, ownership, possession, and control of the Facility and the improvements located on it; and
( d) CONTRACTOR will not contest or resist CITY's title, ownership, possession, or control of the Facility.
4.2. CONTRACTOR's right to enter upon, use, and operate the Facility is subject to:
(a) This Agreement's terms and conditions;
(b) All existing covenants, conditions, restrictions, reservations, contracts, leases, licenses, easements, encumbrances, and rights-of-way related to the Facility, regardless of whether they are recorded to give official notice; and
( c) The rights, powers, and privileges that CITY reserves under this Agreement, including- but not limited to- Paragraph 4.3 of this Agreement.
4.3. CITY reserves the right, in common with CONTRACTOR, to enter, use, occupy, and operate the Facility as public necessity may require, at any time, in CITY's sole determination.
4.4. Within the first ninety (90) days after this Agreement's Effective Date, if CITY cannot grant CONTRACTOR access to, or use or operation of, the Facility for any reason:
(a) CONTRACTOR may cancel this Agreement by giving CITY written notice; (b) CITY is not liable for:
(1) Any damage, cost, or expense that CONTRACTOR:
(A) Incurred before this Agreement's Effective Date; or (B) Incurs:
(i) Under this Agreement; or
(ii) While CONTRACTOR cannot enter, use, or operate the Facility. (2) Relocating CONTRACTOR to another tennis court, park, site, or area from which CONTRACTOR can provide or perform the Services.
(c) CITY's liability to CONTRACTOR is limited to the return of all sums that CONTRACTOR had paid to CITY.
4.5. During this Agreement's initial term or a renewal term, if CONTRACTOR stops using or deserts the Facility for a period of more than fourteen (14) consecutive days ("permanently leaves the Facility"), CITY may consider trade fixtures, equipment, machinery, supplies, materials, furnishings, papers, possessions, or vehicles (collectively, "CONTRACTOR property") that CONTRACTOR leaves at the Facility as abandoned, arid CITY may dispose of them in any manner allowed by law.
3 J:\FILES\DOCFILES'v\GM\Pfa:~KS\Ti],JNIS COHCESSION\G!_ORli:TT fl. - l<H/\i,LNsl.i'.N - Ffa.CILITY USE /l.GREEMEl✓ T - FIH/l.L - 3-12-15 - 111.5 am - lvlG1'..doc
KHANLARIAN EXHIBIT 5-003
4.6. After this Agreement ends- whether by the initial term's or renewal term's expiration, by written notice of termination from one PARTY to the other PARTY, upon a Default by CONTRACTOR or arising out of any o_ther cause, circumstance, or event-
5.0. (a) CONTRACTOR must:
(1) Stop entering, using, and operating the Facility;
(2) Remove all CONTRACTOR property; and
(3) Return all keys to the Facility.
(b) If CONTRACTOR continues to enter, use, or operate the Facility without CITY's consent:
(1) CONTRACTOR acknowledges and admits that the continuing and continued entry, use, or operation is wrongful; and
(2) CITY may file an action or proceeding (whether civil, administrative, or otherwise) to prohibit CONTRACTOR's entering, using, and operating the Facility, and if CITY prevails:
(A) CITY may enter the Facility and remove all persons and CONTRACTOR property; and
(B) CITY is entitled to monetary damages in the amount of one-thousand dollars ($1,000.00) per day-for each day that CONTRACTOR wrongfully enters, uses, or operates the Facility- in addition to any one or more of the rights and remedies listed under Paragraph 42.4.1 of this Agreement, or allowed by law.
FACILITY USE FEE.
5.1. In consideration of, and in exchange for, CITY's granting to CONTRACTOR the license to enter, use, and operate the Facility, CONTRACTOR must pay CITY each month- on or before the payment due date listed in Paragraph 5.5(b) of this Agreement- the following sum (collectively, "Facility Use Fee"):
(a) A flat rate use fee, equal to the monthly amount that CONTRACTOR has listed by month and year in Part I of the "Facility Use Fee Schedule," attached as "EXHIBIT E" to this Agreement and incorporated into it by this reference; and
(b) Ten (10%) of CONTRACTOR's monthly net profit, as defined in Paragraph 5.3(b) of this Agreement, for the previous month.
5.2. CONTRACTOR must
(a) On or before the fifteenth (15th) day of each month, submit to CITY the "Contractor Facility Use Fee Remittance Form"- attached as "EXHIBIT F" to this Agreement and incorporated into it by this reference- which covers the previous month's operations and which shows:
(1) CONTRACTOR's gross receipts, as defined in Paragraph 5.3(a) of this Agreement; (2) CONTRACTOR's expenses; and
(3) CONTRACTOR's net profit, as defined in Paragraph 5.3(b) of this Agreement; and (b) Through one of its officers or employees, sign and certify that the information in the Contractor Facility Use Fee Remittance Form is accurate, true, and correct. 4 J:\FILES\DOCFILES\AGM\PARKSITENNIS CONCESSION\GLORIETTA - KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 -1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-004
5.3. As used in this Agreement:
(a) "Gross receipts" means all money or the equivalent of money (e.g., anything of value) that CONTRACTOR receives or derives from using and operating the Facility under this Agreement-without any deductions, except for a deduction for California imposed sales or excise taxes collected by CONTRACTOR- through or from all of the following sources:
(1) Sales of food, beverage (non-alcoholic), goods, and merchandise; (2) Collection of Facility rental fees;
(3) Collection of tennis lesson, camp, and tournament fees; (4) The Facility's use and operation; and
(5) Any other business that CONTRACTOR conducts at the Facility. (b) "Net profit" means gross receipts less all documented reasonable costs, fees, and expenses that CONTRACTOR pays or incurs while using or operating the Facility under this Agreement.
(c) "Facility Use Fee" is:
(1) A license fee that CONTRACTOR pays CITY in exchange for CITY's granting CONTRACTOR the license to enter, use, and operate the Facility; and (2) Neither "rent" nor a rent payment.
5.4. Despite the use of the word "rent" in the "Facility Use Fee Schedule" ("EXHIBIT E"), CONTRACTOR acknowledges that:
(a) The "Facility Use Fee" is a license fee, and is neither "rent" nor a rent payment; and (b) CONTRACTOR is a licensee, as described in Paragraph 4.1 of this Agreement, and is not a tenant or lessee.
5.5. CONTRACTOR must pay the Facility Use Fee:
(a) By business check, cashier's check, or money order, unless Paragraph 6.6 of this Agreement applies;
(b) On the fifteenth (15th) day of each month ("payment due date"); and (c) At the following address (or any other address that CITY later specifies in writing to CONTRACTOR):
Payee: City of Glendale
Address: Community Services and Parks Department
ATTN: Gabrielle Goglia
613 E. Broadway, Room 120
Glendale, CA 91206-4399
5 J:\FiL.E8\DOCF1L~S\AGM\PARl<S\TENNiS COHCESSION\GLO?.IETTA - l<HA~~LARiAN - FACILITY USE P.GREEMErlT - Fli\lAL-3-12-15 - 11115 a::-i - !viG.:~. cJoc
KHANLARIAN EXHIBIT 5-005
6.0. LATE PAYMENT - CHARGES.
6.1. CONTRACTOR acknowledges that any one or more of the following acts may cost CITY to incur costs and expenses- including, but not limited to, processing, enforcement, and accounting expenses-the exact amounts of which are extremely difficult and impractical to determine on the day that the PARTIES sign this Agreement:
(a) CONTRACTOR is late in paying the Facility Use Fee or any other amount due under this Agreement;
(b) CONTRACTOR issues a check, draft, or order with non-sufficient funds ("NSF"); or ( c) CONTRACTOR requests a "stop payment" on a check, draft, or order for the payment of money.
6.2. If CITY does not receive from CONTRACTOR any installment of the Facility Use Fee, or any other amount due under this Agreement, or both, within ten (10) days after the payment due date, CONTRACTOR must pay to CITY an additional sum of one hundred dollars ($100.00) as a Late Charge, either or all of which constitutes an additional amount of the Facility Use Fee.
6.3. If CITY pays or incurs a fee because of CONTRACTOR's NSF or stop payment, CONTRACTOR must pay to CITY an additional sum of twenty-five dollars ($25.00) as a NSF or stop payment fee, either or all of which constitutes an additional amount of the Facility Use Fee.
6.4. The PARTIES acknowledge that on the day that they sign this Agreement, the charges listed in Paragraphs 6.2 and 6.3 represent a fair and reasonable estimate of the costs that CITY may incur because of CONTRACTOR's late payment, NSF, or stop payment.
6.5. With any current installment of the Facility Use Fee, CONTRACTOR must pay CITY the Late Charge listed in Paragraph 6.2 and the NSF or stop payment fee listed in Paragraph 6.3, or both.
6.6. When ·one or more of the situations described in Paragraph 6.1 occurs, CITY may:
(a) Refuse CONTRACTOR's check, draft, or order; and
(b) Require CONTRACTOR to pay by cash or a cashier's check.
6.7. CITY's acceptance of any Late Charge, NSF, or "stop payment" fee will ,not:
(a) Waive a Default of CONTRACTOR, including- but not limited to- paying an overdue or back due Facility Use Fee;
(b) Extend the date that the Facility Use Fee is due; or (c) Prevent CITY from exercising any other rights and remedies under this Agreement, and as provided by law.
7.0. PERMITTED USES AND ACTIVITIES.
7 .1. At all times during this Agreement's initial term or a renewal term, and subject to this Agreement's terms and conditions, CONTRACTOR:
(a) Must:
(1) Use the Facility exclusively for tennis court rentals, tennis classes, tennis camps, tennis-related social programs, tennis tournaments; and (2) Operate the Facility and conduct all programs only between the hours of 7:00 a.m. and 10:00 p.m.; and
6 J:\FILES\DOCFILESIAGM\PARKS\TENNIS CONCESSION\GLORIETTA • KHANLARIAN • FACILITY USE AGREEMENT· FINAL· 3-12-15 • 1145 am· MGA.doc
KHANLARIAN EXHIBIT 5-006
(b) May:
(1) Sell and serve food and beverage (non-alcoholic);
(2) Use the Building for food and non-alcoholic bevei-age sales and pro-shop sales; (3) Sell or give away merchandise; and
( 4) With CITY's prior written approval, charge and collect an ent1y or admission fee- paid by invitees, guests, or other persons for tournaments.
8.0. PROHIBITED USES AND ACTIVITIES.
8.1. Any one or more of the following prohibited uses, or activities, or both, will cause CONTRACTOR to lose the right and privilege of entering, using, and operating the Facility:
(a) CONTRACTOR- and participants, clients, guests, or other persons under CONTRACTOR's control- must not:
(1) Use or operate the Facility for any purpose other than one described in Paragraph 7.1 (a) of this Agreement.
(2) Destroy, damage, deface, devalue, ruin, or remove any part of the Facility, including its furniture, furnishings, appliances, equipment, fixtures, machinery, supplies, materials, appurtenances, or landscaping.
(3) Create, cause, or maintain a nuisance at the Facility, including- but not limited to any one or more of the following:
(A) Repeatedly and seriously annoying, disturbing, endangering, inconveniencing, or interfering with neighboring properties, businesses, or residences; or
(B) Permitting or allowing:
(i) One or more loud, boisterous, disorderly, or intoxicated participants, clients, guests, or persons to linger or remain. upon the Facility; or (ii) A condition to exist at the Facility that is harmful to health, or is indecent or offensive to the senses of a reasonable person of normal sensitivities.
( 4) Engage in or facilitate c1·iminal activity at the Facility, including- but not limited to any one or more of the following:
(A) Prostitution (as described in California Penal Code Sections 647(b), 653.22, or any successor legislation);
(B) Criminal street gang activity (as described in California Penal Code Section 188.22, or any successor legislation); or
(C) Manufacturing, selling, distributing, using, or possessing an illegal drug or controlled substance (as described in California Health and Safety Code Sections 11002 to 11033, 11350 to 11391, or any successor legislation). (5) Smoke- as the term is defined in Glendale Municipal Code Section 8.52.030, or any successor legislation- within the Facility.
7 J:\F!LES\OOCFiLE-S\AGM\PARKS\TENNlS CONCESS10N\GLOP.lf:TT1\-KHANLAR!AN - F/,CIUTY USC /\GREEMENT .. Fi~Lt.1 .. 3-12"15, 1145 Gm MG/i,.doc
KHANLARIAN EXHIBIT 5-007
9.0. 9.1.
(6) Keep, store, maintain, operate, or use at the Facility:
(A) A firearm;
(B) An explosive;
(C) Oil or gasoline;
(D) A substance, material, or device that is combustible or flammable; or (E) A hazardous material, as defined in Paragraph 24.2 of this Agreement. (7) Violate, while at the Facility:
(A) A (federal, state, local, or CITY) law, rule, policy, procedure, regulation, or order.
(B) A term or provision of this Agreement.
(b) Without first obtaining CITY's prior written approval, CONTRACTOR- and invitees, guests, or other persons under CONTRACTOR's control- must not license, sublicense, rent, let, or sublet the Facility (or any part of it) to any individual, business, group, or organization.
CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES.
CONTRACTOR must:
(a) Enforce all rules and regulations for playing tennis, using the tennis courts, and visiting the Facility. •
(b) Regulate play and conduct of tennis players.
(c) Ensure that the courts are being used for tennis instruction and play only, and are not being used for prohibited activities including, but not limited to: soccer, basketball, or skateboarding.
(d) Keep the Facility open during the "Schedule of Operations," which is attached as "EXHIBIT G" to this Agreement and is incorporated into it by this reference. ( e) Provide instructors who are United States Professional Tennis Association (US PTA) certified for professionals, or who are teaching directly under the supervision of a USPTA certified professional. If CONTRACTOR wishes to instruct, CONTRACTOR must also be a USPTA certified professional.
(f) Work with CITY staff to fingerprint and submit the required information to the California Department of Justice, at CONTRACTOR's own expense and as required by law, for criminal background check clearance for all persons supervising or having authority over minors.
Employees and instructors whom CONTRACTOR hires or uses cannot begin working at the FACILITY until a Department of Justice background check has been completed and the person is cleared for working with minors.
(g) Provide private lessons, or group lessons, or both, and instructions in tennis either by CONTRACTOR personally or by qualified employees of CONTRACTOR. 8 J:IFILESIDOCFILES\AGM\PARKS\TENNIS CONCESSION\GLORIETTA - KHANLARIAN - FACILITY USE AGREEMENT - FINAL-3-12-15 -1145 am· MGA.doc
KHANLARIAN EXHIBIT 5-008
(h) Schedule tournaments and other tennis activities with special interest groups, private groups, tennis clubs, schools, or any combination of them, to assure the best overall, well-rounded tennis program for the community while incorporating public play and use of facilities in the overall program.
(i) Ope1·ate and maintain recreational and competitive tennis programs including, but not limited to: singles and doubles times, recreation and competitive ladders, instructional clinics and academies, and special events.
(j) Cooperate with CITY in granting use of facility, at no charge, for Parks Department sponsored programs, contract classes, tournaments, and special events. (k) Manage and operate the Facility in a manner intended to ensure that persons with disabilities are not excluded- on the basis of their disabilities or any other unlawful reason- from CONTRACTOR's programs and services.
(I) Make every effort to provide reasonable accommodations to persons with disabilities, including providing auxiliary aids and services to ensure equally effective communication and participation.
(m) Establish and maintain necessary telephone service- including voicemail or an answering device or service- and internet service for an online reservation/registration program, such as Activenet, or another online software program that patrons can use for facility scheduling and activity registration.
(n) Charge the rental rates listed in the "Facility Rental Fee Schedule," which is attached as "EXHIBIT H" to this Agreement and is incorporated into it by this reference. (o) Operate and manage the tennis courts in a manner calculated to enhance revenue flow to CITY and in a manner that will provide quality service for public and private use.
9.2. At CONTRACTOR's own expense, CONTRACTOR must pay for, obtain, and maintain:
(a) All licenses, permits, certificates, authorizations, or approvals as (federal, state, local, or CITY) law requires; and
(b) All equipment, machinery, tools, supplies, and materials related to the FACILITY's operation, maintenance, and repair, including, but not limited to:
(1) Tennis racquets, balls, and pitching machines;
. (2) CONTRACTOR installed tennis screens;
(3) Light bulbs;
(4) Toilet paper, toilet seat covers, paper towels, hand soap; (5) Broom, mop, bucket, leaf blower, cleaning fluids; and (6) Telephone, voice mail or answering machine, computer, CITY approved reservation software, cash register, stationary supplies.
9 J:\FILES\DOCFlLESV\GM\PAi~KS\TENN!S CQ1,JCESS!0N\GL0RIETTA - l<HA,NLARlAN - F/"'ClliTY USE !-.GREE/vENT - Fii~/-1-3-12-15 - 1145 am - MG1\.dcc
KHANLARIAN EXHIBIT 5-009
10.0. CITY'S OBLIGATIONS AND RESPONSIBILITIES.
10.1. CITY will be responsible for:
(a) Electrical service wiring, mechanical, and plumbing (including restroom). (b) Fence repair/replacement.
(c) Tree trimming that affects safety and safe play on courts. (d) Landscape maintenance of the park area adjacent to the courts. (e) Repair/replacement of benches inside tennis courts. (f) Repair of court surfaces in the event of a safety concern ( crack, surface defect). (g) Repair/replacement of windscreens.
11.0. CONTROL OF FACILITY.
11.1. The Parks Director or a designee has:
(a) Full and absolute control of the Facility while CONTRACTOR enters, uses, and operates it; and (b) The right to make changes, alterations, and improvements to the Facility and its surrounding grounds, when CITY determines that they are appropriate, necessary, or in CITY's best interest.
12.0. CONDITION OF FACILITY.
12.1. CONTRACTOR has thoroughly inspected the Facility- including, all furniture, furnishings, appliances, equipment, fixtures, machinery, supplies, materials, appurtenances, and landscaping- and by CONTRACTOR's entering, using, and operating the Facility, CONTRACTOR:
(a) Acknowledges that the Facility is in:
(1) Good repair, appearance, and working order;
(2) A safe, sanitary, clean, neat, and operative condition; (b) · Knows about any and all unsafe, dangerous, or hazardous conditions or defects of the Facility; and
(c) Accepts the Facility in its present condition.
12.2. Within ten (10) days after the expiration, termination, or cancellation of this Agreement's initial term or renewal term, CONTRACTOR must return the Facility to CITY in as good condition- reasonable wear and tear excepted- as when CONTRACTOR received the Facility at the start of this Agreement. 10 J:\FILES\DOCFILES\AGM\PARKS\TENNIS CONCESSION\GLORIETTA-KHANLARIAN - FACILITY USE AGREEMENT - FINAL-3-12-15-1.145 am- MGA.doc
KHANLARIAN EXHIBIT 5-010
13.0. MAINTENANCE OF FACILITY.
13. i. CONTRACTOR's Responsibilities.
13.1.1. During this Agreement's initial term m renewal term, and at CONTRACTOR's own expense, CONTRACTOR must:
(a) Maintain the Facility- including, all tennis courts, buildings, furniture, furnishings, appliances, equipment, fixtures, machinery, supplies, materials, appurtenances, and landscaping in:
(1) Good repair, appearance, and working order; and
(2) A safe, sanitary, clean, neat, and operative condition; (b) Promptly eliminate, correct, or repair an unsafe, dangerous, or hazardous condition or defect that CONTRACTOR creates or causes at the Facility;
(c) Wash the tennis courts on a weekly basis, and as needed, within water conservation guidelines determined by CITY;
(d) Dry-broom/sweep tennis courts once a month and as needed; (e) Blow off tennis courts, using a portable leaf blower or equivalent device, as needed and within the noise ordinance guidelines set by CITY;
(f) Wet-mop sticky spills or other matter on the tennis court that creates an unsafe, dangerous, or hazardous condition or defect;
(g) Ensure that all court lighting is fully operating;
(h) Comply with all appropriate water and power conservation methods; (i) Keep the Facility's interior- and the exterior area within three (3) feet of the Facility (measured in all directions from the Facility)- free of litter, debris, trash, accumulating garbage, or objectionable odors;
(j) Dispose of all garbage and waste in one or more trash containers; (k) Empty trash containers daily in a bin adjacent to the maintenance yard; (I) Properly use and operate all electrical and plumbing fixtures and pipes, and keep them as clean and sanitary as their condition permits; and
(m) Clean, service, supply, and maintain restrooms for tennis custome1-s at Glorietta Tennis Courts, including, but not limited to: providing toilet paper, toilet seat covers, paper towels, and hand soap; and cleaning sinks, floors, toilets and walls. i 1
J\F!Li:S\DOCFiLES\AGM\PARKS\TCNNIS C0t✓ CESS;01✓ \GLORIETTA - KHl\l'iL/;KiAN - FAC!UTY USE AGREEMENT - FIN/..L - 3-12-15 - 1 H5 arn - fv1GAcioc
KHANLARIAN EXHIBIT 5-011
13.2. CITY's Responsibilities.
13.2.1. During this Agreement's initial term or renewal term, CITY will:
(a) Maintain:
(1) The Building's:
(A) Roof, exterior walls, foundation (collectively, "structure"); and (B) Electrical, plumbing (collectively, "building systems"); and (2) The Facility's Landscaping; and
(b) Treat a pest or rodent problem at the Facility.
13.2.2. If any part of the Facility needs maintenance that is CITY's responsibility, CONTRACTOR must follow the procedures, described in Article 15, for requesting maintenance service.
14.0. REPAIRS TO FACILITY.
14.1. CONTRACTOR's Responsibilities.
14.1.1. At CONTRACTOR's own expense, CONTRACTOR must repair or replace:
(a) Court nets, when necessary for safe or effective play; (b) Tennis court lighting, including light bulbs, lamps, electrical ballasts, and lens covers when the lighting is not functioning, burned out, or flickering. CONTRACTOR may elect to have CITY perform the work and CONTRACTOR must reimburse CITY for services that CITY renders; and
(c) Tennis racquets, balls, court screens, furniture, furnishings, appliances, equipment, fixtures, machinery, supplies, materials that CONTRACTOR purchases for the Facility or installs or maintains at the Facility.
14.2. CITY's Responsibilities.
14.2.1. At CITY's own expense, CITY will:
(a) Repair the Facility's structure, building systems, tennis court fencing, and landscaping; and
(b) Repair or replace benches inside the tennis courts.
14.2.2. If any part of the Facility needs repair that is CITY's responsibility, CONTRACTOR must follow the procedures, described in Article 15, for requesting repair service. 12 J:\FILES\DOCFILES\AGM\PARKS\TENNIS CONCESSION\GLORIETTA-KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15-1145 am - MGAdoc
KHANLARIAN EXHIBIT 5-012
15.0. REQUEST TO CITY FOR MAINTENANCE OR REPAIR.
15.1. Non-Emergency Maintenance and Repairs.
15.1.1. CONTRACTOR must notify in writing one of the Parks Department's staff members identified under Paragraph 15.2.1 (a) of this Agreement, of an occurrence listed below- within twenty-four (24) hours after CONTRACTOR observes it, or a person reports it to CONTRACTOR:
(a) The Facility needs maintenance or repair that is CITY's responsibility; (b) An unsafe, dangerous, or hazardous condition exists at the Facility; or (c) A pest or rodent problem exists at the Facility.
15.1.2. At its option and in its sole discretion, CITY may:
(a) Perform the maintenance or repair of the Facility (or any part of it) using its own personnel, or hire a contractor to do the work, or do both; and
(b) Charge CONTRACTOR for one or more of the costs of maintenance, or repair, or both, of the Facility, when CITY determines that the maintenance, repair, or damage resulted from a careless, negligent, or intentional act, error, or omission of CONTRACTOR ("CONTRACTOR was at fault").
15.1.3. If CONTRACTOR does not submit a written request- as Paragraph 15.1.1 requires- CITY may not perform the maintenance, or repair, or both.
15.1.4. After CONTRACTOR submits a written request- as Paragraph 15.1.1 requires- the Parks Department's Maintenance Office will:
(a) Review the written request;
(b) Evaluate whether CONTRACTOR was at fault;
(c) If CONTRACTOR was at fault, decide whethe1· to charge CONTRACTOR for GITY's performing the maintenance, or repair, or both;
(d) Give written notice to CONTRACTOR of its decision, which is final, binding on CONTRACTOR, and non-appealable by CONTRACTOR; and
(e) Perform and complete an approved repair.
15.1.5. When CITY determines that CONTRACTOR was at fault for the maintenance, repair, or damage:
(a) The Parks Department's Maintenance Office will send CONTRACTOR an invoice for the cost of all labor, equipment, and materials for performing the maintenance, or repair, or both; and (b) CONTRACTOR must fully:
(i) Reimburse CITY for the costs described in Paragraph 15.1.5(a); and (2) Pay the invoice within ten (10) days after the billing date listed on the invoice. 13 .j \FiLESID0CFILES\i\GM\fJAP.KSITEN~•iiS C0NCESSI0N\GL0RIETTA - l<H/\NL,\Ri.A1'i FACiUTY USE J\,GREEMEIJT • FINAL -3-'12-15-1 '145 am -- lvlG!'..doc
KHANLARIAN EXHIBIT 5-013
15.2. Emergency Repairs.
15.2.1. If an emergency or other situation requires CITY's immediate response to a maintenance or repair issue, CONTRACTOR:
(a) Must call or e-mail either one of the persons listed below to request the repair or maintenance:
( 1) Gabrielle Goglia,
Community Services Supervisor for Sports:
(2) Raymond Wong,
Building Repair Manager:
(818) 262-4322
gg og lia@g lendaleca. gov
(818) 262-9194
[email protected]
(b) Must not call or hire a repair company or a service company, unless Gabrielle Goglia or Raymond Wong authorizes CONTRACTOR to call the company and hire it to perform the repair or maintenance.
15.2.2. After CITY performs the emergency maintenance or repair of the Facility ( or any part of it) using its own personnel, or hiring a contractor to do the work, or doing both, the Parl<s Department's Maintenance Office will:
(a) Evaluate whether CONTRACTOR was at fault;
(b) If CONTRACTOR was at fault, decide whether to charge CONTRACTOR for CITY's performing the maintenance, or repair, or both; and
(c) Give written notice to CONTRACTOR of its decision, which is final, binding on CONTRACTOR, and non-appealable by CONTRACTOR.
15.2.3. When CITY determines th.at CONTRACTOR was at fault for the emergency maintenance or emergency repair, or the damage, Paragraph 15.1.5 applies.
16.0. ALTERATION OF FACILITY; MECHANICS' LIEN.
16.1. Without CITY's prior written approval, CONTRACTOR must not make-or permit another person to make- any addition, alteration, modification, or improvement (collectively, "alteration") to the Facility, including but not limited to:
(a) Painting;
(b) Changing the surface of the courts;
(c) Adding or changing a lock; or
(d) Installing an antenna or satellite dish.
16.2. If CONTRACTOR proposes an alteration to the Facility, CONTRACTOR must submit to CITY a written request that describes the work, materials, cost, and completion date. Within thirty (30) days after CITY has received CONTRACTOR's written request, the Parks Department's Maintenance Manager or Community Services Supervisor for Sports will:
(a) Review the written request;
(b) Decide whether to approve the written request, approve it with conditions, or deny it; and (c) Give written notice to CONTRACTOR of CITY's decision, which is final, binding on CONTRACTOR, and non-appealable by CONTRACTOR.
14 J:IFILES\DDCFILES\AGM\PARKS\TENNIS CONCESSION\GLORIETT A - KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 - 1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-014
16.3. If CITY approves CONTRACTOR's request for an alteration to the Facility, then on CiTY's behalf, CONTRACTOR must post on the Facility and record with the Los Angeles County Registrar-Recorder/County Clerk a "Notice of Non-Responsibility" form at least thirty (30) days before CONTRACTOR- or any person, firm, contractor, or subcontractor· on CONTRACTOR's behalf- does any one or more of the following:
(a) Begins work, construction, or an alteration at the Facility; or (b) Purchases materials or supplies for installation or use at the Facility.
16.4. CONTRACTOR must:
( a) Keep the Facility free and clear of any lien for work, labor, services, materials, or equipment; (b) Post a bond to release a lien against the Facility; and (c) Indemnify, defend, and hold harmless CITY, when any one or more of the following situations occur:
(1) A lien- arising out of CONTRACTOR's alteration to the Facility- is recorded or obtained against the Facility; or
(2) An action or proceeding (whether civil, administrative, or otherwise)- concerning a lien against the Facility that arises out of CONTRACTOR's alteration to tl1e Facility- is filed or initiated.
16.5. If CONTRACTOR makes an unauthorized alteration to the Facility, CONTRACTOR:
(a) Is responsible for the alteration's maintenance, repairs, and costs (including any future maintenance and repair expenses during this Agreement's initial term or renewal term); and (b) Must pay for all labor, equipment, and material costs to restore the Facility to its original state, if CITY requires its restoration or the unauthorized alteration does not comply with CITY's Building and Safety Codes or CITY's standards.
17.0. DAMAGE OR DESTRUCTION OF FACILITY.
17 .1. If the Facility becomes damaged or destroyed-whether partially, totally, temporarily, or otherwise- during this Ag1·eement's initial term or renewal term, so as to seriously interfere with CONTRACTOR's use of the Facility, either PARTY immediately may terminate this Agreement upon delivering written notice to the other PARTY.
17.2. If CONTRACTOR or its officers, agents, employees, representatives, invitees, guests, or other persons under CONTRACTOR's control in any way cause or contribute to the Facility's damage or destruction whether partially, totally, temporarily, or otherwise:
(a) CITY has the right to immediately cancel this Agreement, and (b) CONTRACTOR must fully reimburse CITY for all costs in repairing, restoring, rebuilding, or replacing:
(1) The Facility; and
(2) The Facility's furniture, furnishings, appliances, equipment, fixtUl·es, machinery, supplies, materials, appurtenances, and landscaping.
15 J:\FlLES\DOCFILES\AGM\PARt<S\TEN1~lS CONCESSiON\GLORiETT A- !\HANLJ1,Rl/:.N - FACILITY USE AGf~C:EMEt,ff - F!N/\l .. - 3-12-15 1 HS arn - i\,JGA.doc
KHANLARIAN EXHIBIT 5-015
17.3. At its option, CITY may elect to rebuild, restore, or replace all or any part of the Facility, and the Facility' furniture, furnishings, appliances, equipment, fixtures, machinery, supplies, materials, appurtenances, and landscaping. CITY may do so without repairing, restoring, rebuilding, or replacing any one or more of the following items:
(a) An alteration to the Facility by CONTRACTOR;
(b) A fixture attached to the Facility by CONTRACTOR; or (c) Personal possessions of CONTRACTOR.
18.0. CONDEMNATION; NO RELOCATION; WAIVER OF RIGHTS.
18.1. If a public agency- other than CITY- condemns, or by eminent domain takes, the Facility, in whole or in part, for a public purpose that substantially impairs CONTRACTOR's use and operation of the Facility, then:
(a) At CITY's option, this Agreement's initial term or renewal term will end upon CITY's giving written notice to CONTRACTOR;
(b) CITY has the right to receive the entire condemnation award for:
(1) The land; and
(2) The buildings, structures, improvements, equipment, machinery, and fixtures that it solely built or placed at the Facility;
(c) CITY will proportionately abate any current Facility Use Fee due or owing from CONTRACTOR; and
(d) CONTRACTOR acknowledges that:
(1) This Agreement does not give any rights to CONTRACTOR for compensation or damages from CITY under federal eminent domain law, California eminent domain , law, or both.
(2) CITY will not provide any compensation, relocation assistance, payments, or benefits of any kind to CONTRACTOR under any one or more of the following laws and related regulations, or under and any successor legislation or regulations:
(A) California Government Code Sections 7260 through 7277; or (B) 42 United States Code Sections 4601 through 4638.
18.2. When CONTRACTOR signs this Agreement, CONTRACTOR:
(a) Waives, and gives up from CITY, any right to damages, compensation, relocation assistance, payments, and benefits of any kind, including, but not limited to, payment or financial assistance for any one or more of the following:
(1) Moving expenses;
(2) Relocating from the Facility; or
(3) Obtaining or establishing a replacement tennis facility; (b) Must not make a claim against, sue, or prosecute CITY or its officers, agents, employees, and representatives for damages, compensation, relocation assistance, payments, or benefits of any kind; and
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KHANLARIAN EXHIBIT 5-016
(c) Understands and acknowledges that CONTRACTOR's waiver of damages, compensation, relocation assistance, payments, and benefits under Paragraph i 8.2(a) of this Agreement and promise DOt to file a claim, sue, or prosecute under Paragraph i 8.2(b) of this Agreement are material inducements for CITY's entering into and signing this Agreement with CONTRACTOR.
19.0. CITY'S ENTRY UPON FACILITY.
19.1. CITY, its officers, agents, employees, or representatives may enter the Facility, for any one or more of the following reasons, at any time:
(a) Conducting an inspection;
(b) Performing maintenance;
(c) Making a repair or alteration, or doing any other work that CITY decides is necessary or appropriate;
(d) Responding to an emergency (including, but not limited to, a fire or a plumbing leak); (e) Exhibiting the Facility to a consultant, contractor, or subcontractor; (f) Conducting one or more CITY tours, classes, programs, or events; (g) Confirming that CONTRACTOR is complying with this Agreement's terms and conditions; or (h) CONTRACTOR permanently leaves the Facility.
19.2. To the extent reasonably possible, CITY will enter, inspect, repair, improve, exhibit, or use the Facility in a manner that minimally interferes with CONTRACTOR's use of the Facility.
20.0. UTILITIES.
20.i. Without cost to CONTRACTOR, CITY will provide and pay for the following utilities, services, equipment and charges:
(a) Water;
(b) Electric;
(c) Sewer; and
(d) Refuse bin collection.
20.2. Without cost to CITY, CONTRACTOR must provide and pay for the following utilities, services, equipment, and charges:
(a) Telephone services; and
(b) Broadband internet access, digital subscriber line (DSL), Voice-over-Internet protocol (VoIP), telephone or cable modem, or other data connection.
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KHANLARIAN EXHIBIT 5-017
21.0. KEYS: LOCKS.
21.1. CONTRACTOR will receive two (2) keys to the Facility.
21.2. CONTRACTOR must ensure that the Building is locked when CONTRACTOR leaves the Facility.
When CONTRACTOR is not present at the Facility, CONTRACTOR may leave the tennis gates open, between 7:00 a.m. and 10:00 p.m., to allow the public access to the tennis courts.
21.3. If CONTRACTOR loses a key or gets locked out of the Facility, CITY:
(a) Will provide an extra key to CONTRACTOR; and
(b) May charge CONTRACTOR twenty-five dollars ($25.00), which CONTRACTOR must pay to CITY.
21.4. CONTRACTOR must not:
(a) Enter the Facility by force, through a window, door, or fence, or otherwise without a key; or (b) Change or add a lock to the Facility, without:
( 1) CITY's prior written approval; and
(2) Providing CITY with a key to the lock.
21.5. Upon this Agreement's expiration, cancellation, or termination, CONTRACTOR must return all keys or CONTRACTOR must pay CITY five-hundred dollars ($500.00) for changing the locks.
22.0. PARKING.
22.1. Because parking spaces at the Facility are for use only by the public, CONTRACTOR must not do any one or more of the following at the Facility:
(a) Park, keep, store, or maintain:
( 1) A motor vehicle; or
(2) An inoperative motor vehicle, or a vehicle that lacks an engine, transmission, wheel, tire, door, windshield, or any other major part or equipment necessary to operate safely on a street or highway; or
(b) Repair a motor vehicle.
23.0. STORAGE.
23.1. CONTRACTOR may store inside the Building:
(a) Tennis equipment, materials, supplies, and machinery that CONTRACTOR owns or uses; and (b) Merchandise, and non-perishable food and beverage that CONTRACTOR sells. 18 J:\FILES\DOCFILES\AGMIPARKS\TENNIS CONCESSION\GLORIETTA - KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 - 1145 am· MG~.do_c
KHANLARIAN EXHIBIT 5-018
23.2. CONTRACTOR must not keep, store, maintain, operate, or repair at the Facility any one or more of the following items:
(a) A snowmobile, boat, or personal watercraft; or
(b) An electric generator, motor, or machinery.
24.0. HAZARDOUS MATERIALS.
24.1. Except for using a household cleaner or product in a typical quantity and in an ordinary manner for maintaining, operating, repairing, or using the Facility, CONTRACTOR must not use, handle, keep, store, maintain, release, disperse, or dispose of a hazardous material- as defined in Paragraph 24.2 of this Agreement- at the Facility.
24.2. A "hazardous material" means any solid, liquid, or gas that can harm people, other living organisms, property, or the environment, and:
(a) Is radioactive, flammable, explosive, toxic, corrosive, biohazardous, an oxidizer, an asphyxiant, a pathogen, an allergen; or
(b) May have another characteristic that renders it hazardous in a specific circumstance.
25.0. MERCHANDISE.
25.1. At CONTRACTOR's option, CONTRACTOR may sell or give away merchandise. Except for an item that is enclosed or fixed in a glass or metal container, CONTRACTOR may have posters, photographs, books, games, memorabilia, racquets, tennis balls, audio/ video tapes, shirts, caps, and other clothing. All merchandise is subject to approval by the Parks Director or a designee who will not unreasonably withhold it.
25.2. CONTRACTOR must not sell or give away: cigarettes, cigars, chewing tobacco, drug paraphernalia, controlled substances, narcotics, illegal drugs, or an item that the Parks Director withheld approval under Paragraph
25.1 of this Agreement.
26.0. VENDING MACHINES, ACCESSORY STANDS. ROVING VENDORS.
26.1. Without CITY's prior written approval, CONTRACTOR must not:
( a) Install, or permit another person to install:
( 1) A vending machine; or
(2) An accessory stand or building.
(b) Remove, disconnect, or disable an existing vending machine- placed at the Facility by a vendor under contract with CITY- which must remain operative at all times. (c) Permit or allow one or more persons to rove about the Facility for the purpose of soliciting, or selling food, beverages, goods, or merchandise.
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KHANLARIAN EXHIBIT 5-019
27.0. DISCRIMINATION.
27.1. CONTRACTOR must not discriminate a·gainst any person, firm, entity, or organization- who uses the Facility; or who is subject to this Agreement; or whom CONTRACTOR provides or performs Services for under this Agreement- because of race, color, religion, religious belief, natural origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability.
27.2. Evidence that CONTRACTOR committed discrimination constitutes:
(a) A Default under Paragraph 42.1.1 of this Agreement; and (b) A breach of this Agreement, upon which CITY may immediately invoke any one or more of the remedies listed under Paragraph 42.4.1 of this Agreement, or allowed by law, or both.
28.0. SIGNS AND ADVERTISEMENTS.
28.1. CITY intends that the entire grounds of the Facility are a non-public forum. This venue is not a public forum, designated public forum, limited public forum, or other type of forum. Inside the Facility, CITY will only allow one or more banners with:
(a) A commercial advertisement for the sole purpose of generating revenue for CITY, and not for the purpose of providing a forum for expression;
(b) A commercial advertisement for financial support of a tennis team; or (c) The logo, slogan, photograph, or depiction of a tennis team, or an opposing participating tennis team, or both, for promotion or marketing of a class or tournament.
28.2. Because CITY prohibits, and it will not accept for display, a banner containing a political advertisement or other non-commercial, issue-oriented advertisements, a banner described in Paragraph 28.1 of this Agreement must contain a commercial advertisement only- it must do no more than propose a commercial transaction.
28.3. Except as Paragraph 28.4 of this Agreement provides, CONTRACTOR must not:
(a) Display, place, or maintain a sign, banner, or advertisement in, on, or upon any part of the Facility's grounds; and
(b) Permit or allow a person, firm, entity, or organization to display, place, or maintain a sign, banner, or advertisement in, on, or upon any part of the Facility's grounds.
28.4. CITY will allow CONTRACTOR to display inside the Facility one or more of the banners described in Paragraph 28.1 of this Agreement. Before CONTRACTOR displays a banner, CONTRACTOR must (a) Comply with the conditions and requirements described in CITY's "Glendale Sports Complex and Verdugo Skate Park - Banner Display Application (and Banner Guidelines)," which is attached as "EXHIBIT I" to this Agreement and is incorporated into it by this reference; (b) Complete the "Banner Display Application Form" for a proposed banner and submit that form to CITY's Sports Complex Office, at least nine (9) days before the desired posting date; (c) Receive CITY's written approval;
(d) Provide CITY's Community Services Supervisor for Sports with the fabricated banner conforming to this Agreement, the Banner Guidelines, and CITY's written approval- not later than two (2) days before the desired posting date;
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KHANLARIAN EXHIBIT 5-020
(e) Remove a banner at the end of the authorized posting period, or at the end of this Agreement, whichever date occurs earliest; and
(f) List- on the Contractor Facility Use Fee Remittance Form ("EXHIBIT F")- the amount of each sale, sponsorship, contribution, or donation money that CONTRACTOR accepts, receives, or derives for displaying banners at the Facility.
28.5. CITY will:
(a) Review CONTRACTOR's "Banner Display Application Form"; (b) Within seven (7) days after receiving the application form, give CONTRACTOR written notice of CITY's decision, approving or denying the requested banner and its proposed location; (c) Within two (2) days after CITY's Community Services Supervisor for Sports receives the fabricated banner:
(1) Examine it to ensure that it conforms to and complies with this Agreement, the Banner Guidelines, and CITY's written approval: and
(2) Post it, if it conforms to and complies with this Agreement, the Banner Guidelines, and CITY's written approval.
28.6. At any time, CITY may refuse to accept a banner, or remove a banner that CITY previously approved, when CITY decides, in its sole determination, that a banner:
(a) Does not conform to or comply with, or violates, any one or more of the following:
(1) This Agreement;
(2) The Banner Guidelines; or
(3) CITY's written approval;
(b) Impedes, hinders, frustrates, delays, or affects this Agreement's performance; (c) Increases CITY's liability, risk, or exposure;
(d) Is injurious or harmful to CITY's business, operation, reputation, or public image; 01· (e) Is prone to impair the public's confidence in CITY.
29.0. CONTRACTOR'S PROMOTION OF CLASSES, TOURNAMENTS, PROGRAMS AND FACILITY.
29.1. CONTRACTOR may advertise classes, tournaments, programs, and the Facility through advertisements, flyers, television or radio commercials, the internet, or CONTRACTOR's website
29.2. For any proposed classes, tournaments, programs, and the Facility advertising, promotional, and marketing material, CONTRACTOR must obtain the wri.tten approval of the Park Director or a designee, who will not unreasonably withhold it. However, in its sole discretion, CITY may reject an advertisement, promotional handout, or marketing campaign of CONTRACTOR which, in CITY's sole determination:
(a) Fails to comport to this Agreement's terms or conditions; (b) Impedes, hinders, frustrates, delays, or affects this Agreement's performance; (c) Is false, deceptive, or misleading;
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KHANLARIAN EXHIBIT 5-021
(d) Increases CITY's liability, risk, or exposure;
(e) Is injurious or harmful to CITY's business, operation, reputation, or public image; or (f) Is prone to impair the public's confidence in CITY.
29.3. If CITY receives negative public reaction to CONTRACTOR's advertising or marketing campaign of classes, tournaments, programs, and the Facility, CITY will send written notice to CONTRACTOR. Upon CONTRACTOR's receipt of CITY's written notice, CONTRACTOR must stop immediately that advertisement, or marketing campaign, or both, and must take all reasonable steps to prevent further publication, republication, broadcast, or rebroadcast.
30.0. PUBLICITY BY CITY.
30.1. CITY may publicize classes, tournaments, programs, and the Facility, as CITY deems appropriate, through one or more mediums, including, but not limited to: CITY's publications, press releases, web site, and government access cable television channel (GTV6). CITY may also use in its promotional material a photo or video clip of the Facility and one or more of its programs.
30.2. Without prior written approval from CITY, CONTRACTOR must not post, place, or maintain a flyer, poster, advertisement,. sign, banner, pennant, or announcement on any CITY property (including a public building, light pole, traffic signal or sign, or tree) to publicize one or more programs.
31.0. PHOTOGRAPHS AND RECORDINGS BY CITY.
31.1. Under this Agreement, CONTRACTOR grants to CITY and GTV6 the non-exclusive right to:
(a) Photograph and record (audio, or video, or both) activities at the Facility; (b) Keep and reproduce photographs, negatives, and recordings, or any part of them, by any method; and
(c) Broadcast or distribute the photographs and recordings- or license or allow others to do so- for a non-commercial purpose, including promoting one or more games, as CITY may deem necessary or advisable.
32.0. PROPERTY RIGHTS.
32.1. Except as this Agreement provides, neither CONTRACTOR nor CITY has the right to use- in any way- the nanie (commercial, trade, or otherwise), copyright(s), trademark(s), service mark(s), logo(s), insignia(s), or other identification of the other PARTY without its written approval.
32.2. CONTRACTOR grants CITY a royalty-free, non-exclusive license to use, reproduce, and display CONTRACTOR's name and logo for advertising, promoting, and marketing one or more games during this Agreement's initial term and renewal term.
32.3. CITY grants CONTRACTOR a royalty-free, non-exclusive license to use, reproduce, and display CITY's name for advertising, promoting, and marketing the games and other events sponsored by CONTRACTOR during this Agreement's initial term and renewal term.
32.4. CONTRACTOR must not use, reproduce, or display CITY's corporate insignia in any document or medium, including, but not limited to: an advertisement, promotional material, television or radio commercial, or the internet or CONTRACTOR's website.
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KHANLARIAN EXHIBIT 5-022
32.5. Each PARTY represents that it has the right, power, and authority to grant the license. The PARTIES acknowledge that this Article's provisions do not convey or transfer any right, title, or ownership interest in a PARTY's name, logo, or insignia.
32.6. Upon this Agreement's cancellation or termination, or upon the initial term's and renewal term's expiration:
(a) CITY must discontinue all uses, advertisements, and displays of CONTRACTOR's name and logo, except for a period of six (6) months after the initial term's or renewal term's expiration (or for an additional time period that the PARTIES agree upon in writing), CITY may distribute promotional materials in its inventory containing CONTRACTOR's name and logo, and CITY's government access cable television channel (GTV6) may rebroadcast any video recording of a practice or game; and
(b) CONTRACTOR must discontinue all uses, advertisements, and displays of CITY's name, except that for a period of six (6) months after the initial term's or renewal term's expiration (or for an additional time period that the PARTIES agree upon in writing), CONTRACTOR may distribute promotional materials in its inventory containing CITY's name.
32.7. Upon CITY's request, CONTRACTOR must provide CITY with evidence of compliance with Paragraph
32.6 of this Agreement.
33.0. INJURY OR DAMAGE TO PERSONS OR PROPERTY.
33.1. While CONTRACTOR uses or operates the Facility, if an incident or accident (with or without injury) occurs at the Facility, or if damage occurs to private or CITY property at the Facility, CONTRACTOR must:
(a) Reasonably assist the injured person, and as may be necessary or appropriate, promptly call for medical assistance or dial public emergency assistance (911 ); (b) Document the incident, accident, or damage using the appropriate CITY forms; (c) Obtain information from CITY's GPO and GFD personnel who are at the scene- as they may allow- and from witnesses while they are present;
(d) Submit the forms and reports to the Parks Department's Sports Complex Office not later than the next day; and
( e) Assist and fully cooperate with CITY in its investigation of an incident or accident.
34.0. INDEMNIFICATION.
34.1. CONTRACTOR assumes all responsibility and liability for damages to property and injuries to persons- including accidental death- that may arise out of CONTRACTOR's, or its officers', agents', employees', representatives', invitees', or guests' entry on, use or operation of, or activities upon, the Facility.
34.2. To the maximum extent permitted by law- including, but not limited to, California Civil Code Section 2778- CONTRACTOR agrees to indemnify, defend, and hold harmless CITY and its officers, agents, employees, and repr_esentatives (individually and collectively, "CITY INDEMNITEE") from and against a "liability" (as defined in Paragraph 34.3 of this Agreement), or an "expense" (as defined in Paragraph 34.4 of this Agreement), or both, that arise out of, relate to, or are caused by any one or more of the following:
(a) An act, error, or omission of CONTRACTOR, or its officers, agents, employees, representatives, invitees, or guests during CONTRACTOR's, or its officers', agents', employees', representatives', invitees', or guests' entry on, use or operation of, or activities upon, the Facility;
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KHANLARIAN EXHIBIT 5-023
(b) The condition of the Facility- including its seating areas- during CONTRACTOR's, or its officers', agents', employees', representatives', invitees', or guests' use or operations of, or activities upon, the Facility; or
(c) CONTRACTOR's entry, use, operations, or activities in or upon the Facility.
34.3. "Liability" means claims, suits, actions, causes of action, proceedings, judgments, decrees, awards, settlements, liens, losses, damages, injuries, or liability of any kind, whether the liability is:
(a) Actual or alleged;
(b) In contract or in tort; or
( c) For bodily injury (including accidental death), personal injury, advertising injury, or property damage.
34.4. "Expense" means fees, costs, sums, penalties, fines, charges, or expenses of any kind, including, but not limited to:
(a) Attorney's fees; and
(b) Costs of an investigation, litigation, arbitration, mediation, administrative or regulatory proceeding, or appeal;
(1) Fees of an accountant, expert witness, consultant, or other professional; or (2) Pre- or post-: judgment interest or settlement interest.
34.5. Under this Article, CONTRACTOR's defense and indemnification obligations:
(a) Apply to a liability, or an expense, or both, that arise out of, relate to, or are caused by the actual or alleged passive negligence of a CITY INDEMNITEE; but (b) Do not apply to a liability, or an expense, or both, that arise out of, relate to, or are caused by the sole active negligence or willful misconduct of a CITY INDEMNITEE.
34.6. To the extent that CONTRACTOR's insurance policy provides an upfront defense to a CITY INDEMNITEE, CONTRACTOR's obligation to defend a CITY INDEMNITEE under this Article:
(a) Means that CONTRACTOR must provide and pay for legal counsel, acceptable to CITY, for the CITY INDEMNITEE;
(b) Occurs when a claim, suit, complaint, pleading, or action against a CITY INDEMNITEE arises out of, relates to, or asserts an act, error, or omission of CONTRACTOR; and (c) Arises regardless of whether a claim, suit, complaint, pleading, or action specifically names or identifies CONTRACTOR.
34.7. Paragraph 34.6 of this Agreement does not limit or extinguish CONTRACTOR's obligation to reimburse a CITY INDEMNITEE for the costs of defending the CITY INDEMNITEE against a liability, or an expense, or both. A CITY INDEMNITEE's right to recover defense costs and attorney's fees under this Article does not require, and is not contingent upon, the CITY INDEMNITEE's first:
(a) Requesting that CONTRACTOR provide a defense to the CITY INDEMNITEE; or (b) Obtaining CONTRACTOR's consent to the CITY INDEMNITEE's tender of defense.
34.8. CONTRACTOR's obligation to indemnify, defend, and hold harmless a CITY INDEMNITEE will remain in effect and will be binding upon CONTRACTOR whether the liability, or the expense, or both, accrues- or is discovered- before or after this Agreement's expiration, cancellation, or termination. 24 J:\FILES\DOCFILESIAGM\PARKS\TENNIS CONCESSION\GLORIETT A - KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 - 1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-024
34.9. This Article's indemnification and defense provIsIons are separate and independent from the insurance provisions in Article 35 of this Agreement. In addition, the indemnification and defense provisions in this Article:
(a) Are neither limited to nor capped at the coverage amounts that CITY now, or at a later date, specifies under the insurance provisions in Article 35; and (b) Do not limit, in any way, the applicability, scope, or obligations of the insurance provisions in Article 35.
35.0. INSURANCE.
35.1. When CONTRACTOR signs and delivers this Agreement to CITY, and during this Agreement's initial term or renewal term, CONTRACTOR must furnish CITY with insurance forms that fully meet the requirements of and contain provisions entirely consistent with- all of the "Insurance Requirements," which are attached as "EXHIBIT J" (J-1 through J-5) to this Agreement and are incorporated into it by this reference.
35.2. If CONTRACTOR obtains any form of insurance coverage- not otherwise required by CITY- for damage to, or destruction of, the Facility, then:
(a) The policy must name CITY as an additional loss payee; and (b) CONTRACTOR must assign to CITY CONTRACTOR's right to the insurance proceeds.
35.3. If CITY has obtained a fire, liability, or other insurance policy for the Facility:
(a) CONTRACTOR- and invitees, guests, or other persons under CONTRACTOR's control must not commit an act or omission at the Facility, or use the Facility, in any manner that:
(1) Increases the cost of the insurance policy's premium; or (2) Causes the insurance policy's cancellation or non-renewal. (b) CONTRACTOR must pay CITY- as additional Fee- any increase in the cost of CITY's obtaining, maintaining, or replacing an insurance policy when CONTRACTOR commit an act or omission at the Facility, or use the Facility, in any manner that results in an outcome described in Paragraph 35.3(a) of this Agreement.
35.4. This Agreement's insurance provisions:
(a) Are separate and independent from the indemnification and defense provisions in Article 34 of the Agreement; and
(b) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 34 of the Agreement.
36.0. TAXES.
36.1. CONTRACTOR recognizes and understands that this Agreement may create a "taxable possessory interest," subject to the payment of property taxes. Under California Revenue and Taxation Code Section 107, and California Property Tax Rules 21 through 28, a taxable possessory interest exists when a person- such as CONTRACTOR- has the right to a beneficial use of tax exempt, government-owned real property- such as the Facility- with or without paying rent or a fee. This taxable interest results from either CONTRACTOR's actual possession of government-owned real property, or CONTRACTOR's right to use government-owned real property. 25 J;\FiLES\DOCF!LES\AGM\?ARf\S\TENHIS CONCESSION\GLOi~lETT;\ - KH/1,N!..ARi.1\N - r'ACILITi USC r'\l~REEfv1ENT - f:INAL - 3-12-15 - 11 115 em - /v'.G.4.doc
KHANLARIAN EXHIBIT 5-025
36.2. CONTRACTOR must pay:
(a) All taxes levied on the possessory interest; and
(b) All tax _bills for the possessory interest- which cover the time period during which CONTRACTOR used the Facility- that are due and payable, after:
(1) This Agreement's initial term or renewal term ends; or (2) CONTRACTOR permanently leaves the Facility.
37 .0. ASSIGNMENT AND SUBLETTING.
37 .1. Without CITY's prior written approval, CONTRACTOR must not:
(a) License, sublicense, rent, let, or sublet the Facjlity (or any part of it) for any purpose, activity, event, or use- other than the regular rental of tennis courts to participants; or (b) Assign, transfer, pledge, hypothecate, grant, or encumber this Agreement or any interest in it. 37 .2. Any licensing, sublicensing, renting, letting, subletting, assignment or other act that violates this Agreement:
(a) Is null and void; and
(b) Constitutes:
(1) A Default under Paragraph 42.1.1 of this Agreement; and (2) A breach of this Agreement, upon which CITY may immediately invoke any one or more of the remedies listed under Paragraph 42.4.1 of this Agreement, or allowed by law, or both.
37.3. CITY's acceptance of the Facility Use Fee from a person, business, or organization other than CONTRACTOR will not constitute a waiver of this Article's prohibitions.
38.0. BANKRUPTCY; COURT APPOINTED RECEIVER.
38.1. If CONTRACTOR becomes incompetent, bankrupt, or insolvent; or if a guardian, trustee, receiver, or other judicial officer is appointed to administer or oversee CONTRACTOR's affairs:
(a) CITY, at its option and sole discretion, may immediately:
(1) Cancel this Agreement and declare it null and void; and (2) Enter, use, and operate the Facility;
(b) Neither this Agreement nor any interest in it becomes an asset of the guardian, trustee, receiver, or other judicial officer; and
(c) The guardian, trustee, receiver, or other judicial officer will not have any right, title, or interest in or to the Facility because of this Agreement.
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KHANLARIAN EXHIBIT 5-026
39.0. INDEPENDENT CONTRACTOR.
39.1. While CONTRACTOR uses or operntes the Facility, CONTRACTOR:
(a) Is an "independent contractor," and is not an officer, employee, agent, partner, representative, or joint venturer of CITY;
(b) Is not authorized to transact business, enter into contracts, or otherwise make commitments on behalf of CITY; and
(c) Has sole responsibility for:
(1) Paying its employees' and personnel's salaries, benefits, unemployment, and workers' compensation; and
(2) Making all necessary payroll deductions for its employees and personnel, including:
insurance, Social Security, Medicare, income taxes, and other applicable withholdings or taxes.
39.2. CITY does not provide any accident, medical, or disability insurnnce for CONTRACTOR.
CONTRACTOR is not entitled to receive from CITY a benefit, right, or emolument that CITY affords to its employees, including, but not limited to compensation, retirement, insurance, and workers' compensation. CONTRACTOR is financially responsible for all those expenses.
40.0. REQUIRED RECORDS; REPORTS; AUDITS BY CITY.
40.1. For all records, books, papers, or documents that:
(a) Are related to the Facility Use Fee; and
(b) This Agreement- and the Parks Department's procedures, regulations, or directives requires CONTRACTOR to maintain,
CONTRACTOR must:
(1) Permit CITY or its authorized representatives to have access to, examine, audit, excerpt, copy, photocopy, photograph, or transcribe them, at all reasonable times; and (2) Keep and maintain them, in their original form, while this Agreement is in effect and for a period of four (4) years after this Agreement ends-whether by the initial term's or renewal term's expiration, by written notice of termination from one PARTY to the other PARTY, m upon a Default by CONTRACTOR.
41.0. COMPLIANCE WITH LAWS.
41.1. While CONTRACTOR enters and uses the Facility:
(a) CONTRACTOR must comply with all:
(1) (Federal, state, CITY, and local) laws, rules, procedures, regulations, directives, or orders; and
(2) Zoning, building, health, safety, and fire requirements, concerning the Facility, or its use or its occupancy, or both; and
(b) CITY may amend or adopt laws, rules, procedures, regulations, directives, or mders. 27 J:\FILES\DOCFJLES\AG!vl\PA.RKS\TENN!S CONCE:SS10!1/\GLORIETT.t, - KHANLAR[/-\N - FAC!LITY USE /-\GRf:EMENT - FIN/\L - 3-12-15 - 11/4-5 cii:7 - ivlGAdo::
KHANLARIAN EXHIBIT 5-027
42.0. DEFAULT, NOTICE, AND REMEDIES.
42.1. Default.
42.1.1. Default under this Agreement occurs upon any one or more of the following events:
(a) CONTRACTOR fails to make any payment of the Facility Use Fee or any other fee or payment that this Agreement requires, as and when due;
(b) CONTRACTOR-whether partially, fully, temporarily, or otherwise:
( 1) Refuse or fail to observe, perform, or fulfill any covenant, condition, obligation, or provision of this Agreement;
(2) Refuse or fail to pay for, obtain, maintain, or renew a required license, permit, certificate, authorization, or approval; or
(3) Refuse or fail to observe, perform, or fulfill a covenant, condition, obligation, term, or provision of this Agreement;
(4) Commit an unlawful, false, fraudulent, dishonest, deceptive, or dangerous act while this Agreement is in effect; or
(c) CONTRACTOR, invitees, guests, or other persons under CONTRACTOR's control:
(1) Destroy, damage, deface, devalue, ruin, or remove any part of the Facility, including its furniture, furnishings, appliances, equipment, fixtures, machinery, supplies, materials, appurtenances, or landscaping;
(2) Annoy, disturb, endanger, inconvenience, or interfere with neighboring properties or premises, or people who visit the park grounds around the Facility; (3) Create, cause, or maintain:
(A) A nuisance; or
(B) A condition at the Facility that is harmful to health, or is indecent or offensive to the senses of a reasonable person of normal sensitivities; (4) Engage in or facilitate criminal activity at the Facility; (5) Disregard or violate any (federal, state, local, or CITY) law, rule, procedure, regulation, directive, or order;
(d) CONTRACTOR fails to pay for, obtain, maintain, or renew one or more insurance policies that this Agreement requires;
(e) CONTRACTOR fails to comply with one or more indemnification, defense, or hold harmless provisions that this Agreement requires; or
(f) CONTRACTOR refuses or fails to repair the Facility as this Agreement requires; (g) CONTRACTOR refuses or fails to maintain the Facility in the condition, manner, or state that this Agreement requires; or
(h) CONTRACTOR licenses, sublicenses, rents, lets, or sublets the Facility (or any part of it) outside of regular rental of courts to participants, without CITY's written approval; 28 J:\FILES\DOCFILES\AGM\PARKS\TENNIS CONCESSION\GLORIETT A -KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 - 1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-028
(i) CONTRACTOR:
('1) Or another party for or on behalf of CONTRACTOR: institutes proceedings under any bankruptcy, reorganization, receivership or other insolvency; or assigns or transfers assets to its creditors;
(2) Delegates- whether in whole, in part, temporarily, or otherwise- its duties or obligations under this Agreement, without notifying CITY, or without CITY's written authorization;
(3) Assigns, transfers, pledges, hypothecates, grants, or encumbers-whether in whole, in part, temporarily, or otherwise- this Agreement or any interest in it, without notifying CITY, or without CITY's written authorization; (4) Or one of its partners, directors, officers, or general managers, or a person who exercises managerial authority on CONTRACTOR's behalf, is convicted under state or federal law, while this Agreement is in effect, of embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or • destroying records or evidence, receiving stolen property, or other offense indicating a lack of business integrity or business honesty; or
(j) Upon any other justifiable cause or reason, as reasonably determined by the Parks Director or a designee.
42.2. Notice of Default.
42.2.1. If CITY deems that CONTRACTOR is in Default, or that CONTRACTOR has failed in any other respect to satisfactorily perform the responsibilities, obligations, or duties specified in this Agreement, CITY will give CONTRACTOR a written Notice of Default that:
(a) Describes the violation of the Agreement, or the problem with CONTRACTOR's responsibilities, obligations, or duties;
(b) Specifies the time period within which CONTRACTOR must correct the violation or problem; and
(c) May state one or more corrective measures, or a particular manner of correction.
42.2.2. CONTRACTOR must correct the violation or problem within the time period that CITY specifies, and in the manner that CITY requires, in the Notice of Default.
42.3. Force Majeure.
42.3.1. If an event or condition constituting a "force majeure"- including, but not limited to, an act of God, labor dispute, civil unrest, epidemic, or natural disaster- prevents or delays a PARTY from performing or fulfilling an obligation under this Agreement, the PARTY is not in Default, under Paragraph 42.1.1 of this Agreement, of the obligation. A delay beyond a PARTY's control automatically extends the time, in an amount equal to the period of the delay, for the PARTY to perform the obligation under this Agreement. The PARTIES must prepare and sign an appropriate document acknowledging any extension of time under this Paragraph. 29 J:\FILES\DOCFJLES\1\GM\PARKS\TENN!S CONCESSION\GLOR!ETIA - KHAHLAPIAN - F:'\ClUTY USE /"\GR!:EMENT - FIN;\L - 3--12-15 - 1145 am - MGAdoc
KHANLARIAN EXHIBIT 5-029
42.4. Remedies upon Default
42.4.1. After CITY has given CONTRACTOR the notice described in Paragraph 42.2.1 of this Agreement, and after the time for CONTRACTOR to correct the violation or problem has passed, CITY may take any one or more of the following actions, without CITY's having to consider- or having to impose as a prerequisite- progressive discipline, an escalating penalty, or a lesser remedy:
(a) CITY may terminate, cancel, or void- in whole or in part- this Agreement, and all rights of CONTRACTOR;
(b) CITY may enter and take control of the Facility;
(c) CITY may remove CONTRACTOR, and CONTRACTOR property from the Facility; (d) At any time and without further advance notice, CITY may investigate CONTRACTOR's violation, or alleged violation, of this Agreement;
( e) CITY may- in whole or in part and for any length of time- immediately suspend this Agreement; (f) Upon written notice to CONTRACTOR, CITY may extend the time in which CONTRACTOR must correct the Defc:ult; •
(g) CITY may file an action or proceeding (whether civil, administrative, or otherwise) to enforce this Agreement's terms, or to recover damages for CONTRACTOR's breaking or violating this Agreement, or both;
(h) CITY may withhold all moneys, or a sum of money, due CONTRACTOR under this Agreement, which in CITY's sole determination, are sufficient to secure CONTRACTOR's performance of the duties and obligations under this Agreement; (i) CITY may allow another person, entity, or organization to enter, use, and operate the Facility for the same purpose, use, or reason as CONTRACTOR's under this Agreement, without CITY's incurring any !!ability to CONTRACTOR; or
(j) CITY may pursue any other available, lawful right, remedy, or action.
43.0. ENTIRE AGREEMENT.
43.1. Neither CONTRACTOR nor CITY has made any promises or representations, other than those contained in this Agreement or those implied by law. Therefore, this Agreement:
(a) Represents the entire and integrated agreement between the PARTIES; and (b) Supersedes all prior and contemporaneous communications, negotiations, understandings, promises, and agreements- either oral or written.
43.2. The PARTIES may modify this Agreement (or any part of it) by a written amendment with CITY's and CONTRACTOR's signature.
30 J:\FILES\DOCFILESIAGM\PARKS\TENNIS CONCESSION\GLORIETT A -KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 - 1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-030
44.0. INTERPRETATION.
44.1. This Agreement is the product of negotiation and compromise by both PARTIES. Every provision in this Agreement must be interpreted as though the PARTIES equally participated in its drafting.
44.2. Despite the provisions in California Civil Code Section 1654, if this Agreement's language is uncertain, the Agreement must not be construed against the PARTY causing the uncertainty to exist. In interpreting this Agreement and resolving any ambiguities, this Agreement will take precedence over any cover page or attachment.
45.0. HEADINGS.
45.1. All headings or captions in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any term, condition, or provision.
46.0. GOVERNING LAW; JURISDICTION.
46.1. California's laws govern this Agreement's construction and interpretation.
46.2. Unless this Agreement provides otherwise, any. reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation.
46.3. If CONTRACTOR or CITY brings_a lawsuit to enforce or interpret one or more provisions of this Agreement, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. CONTRACTOR and CITY acknowledge that the Agreement was negotiated, entered into, executed, and performed in the City of Glendale, California.
47.0. WAIVER OF BREACH.
47.1. If a PARTY fails to require the other PARTY to perform any term of this Lease and Operating Agreement, that failure does not prevent the PARTY from later enforcing that term, or any other term. If a PARTY waives the other PARTY's breach of a term, that waiver is not treated as waiving a later breach of the term.
47.2. A waiver of a term is valid only if it is in writing and signed by the PARTY waiving it.
48.0. FEES AND COSTS.
48.1. The prevailing party- as defined in Paragraph 48.2- is entitled to reasonable attorney's fees, costs, and necessary disbursement- in addition to any other relief to which that PARTY may be entitled- if a PARTY brings an action at law or in equity to enforce or interpret this Agreement's provisions or terms.
48.2. A "prevailing party" has the same meaning as that term is defined in California Code of Civil Procedure Section 1032(a)(4).
48.3. Reasonable attorney's fees of the City Attorney's office means the fees regularly charged by private attorneys who:
(a) Practice in a law firm located in Los Angeles County; and (b) Have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney's services were rendered. 31 J:\FiLES\D0CFILES\AGM\PARi\S\TENNIS C0NCESSi0N\GL0R!ETTA - l<HANL.ARl/,.N - F:\CIUTY USE fa.GREEfvlENT - Flf1lAl. - 3-12-15 - 1145 am - J\,K3Adoc
KHANLARIAN EXHIBIT 5-031
49.0. FURTHER ASSURANCES.
49.1. Upon CITY's request at any time, CONTRACTOR must promptly:
(a) Take further necessary action; and
(b) Sign, acknowledge, and deliver all additional documents as may be reasonable, necessary, or appropriate to carry out this Agreement's intent, purpose, and terms.
50.0. TIME IS OF THE ESSENCE.
50.1. Except when this Agreement states otherwise, time is of the essence in this Agreement.
CONTRACTOR acknowledges that this Agreement's time limits and deadlines are reasonable for CONTRACTOR's performing this Agreement.
50.2. Unless this Agreement specifies otherwise, any reference to "day" or "days" means calendar days and not business days. A reference to the time of day refers to local time for Glendale, California.
50.3. If the last day for giving notice, performing an act, or paying the Facility Use Fee or any other amount under this Agreement falls on a weekend, a legal holiday listed in either Glendale Municipal Code Section 3.08.010 or California's Government Code, or a day when City Hall is closed, the period is extended to and including the next day that CITY is open for business.
51.0. NOTICES.
51.1. The PARTIES must submit in writing all notices and correspondence that this Agreement requires or permits, and must deliver the notices and correspondence to the places identified in Paragraph 51.4. The PARTIES may give notice by:
(a) Personal delivery;
(b) U.S. mail, first class postage prepaid;
(c) "Certified" U.S. mail, postage prepaid, return receipt requested; (d) Facsimile; or
(e) Email.
51.2. All written notices or correspondence sent in the described manner will be presumed "given" to a PARTY on whichever date occurs earliest:
(a) The date of personal delivery;
(b) The third (3rd) business day following deposit in the U.S. mail, when sent by "first class" mail; (c) The date on which the PARTY or the PARTY's agent either signed the return receipt or refused to accept delivery, as noted on the return receipt or other U.S. Postal Service form, when sent by "certified" mail; or
(d) The date of transmission, when sent by facsimile or email.
51.3. At any time, by providing written notice to the other PARTY, CITY or CONTRACTOR may change the street address or place, telephone or facsimile number, or email address for giving notice. 32 J:\FILESIDOCFILESIAGM\PARKS\TENNIS CONCESSION\GLORIETT A- KHANLARIAN - FACILITY USE AGREEMENT - FINAL - 3-12-15 - 1145 am - MGA.doc
KHANLARIAN EXHIBIT 5-032
51 .4. A PARTY must deliver a notice or correspondence to the other PARTY at the following place:
CITY: City of Glendale
CONTRACTOR:
52.0. SURVIVAL.
Community Services and Parks Department
613 East Broadway, Room 120
Glendale, CA 91206-4399
Attn: Gabrielle Goglia
Tel. No.: (818) 937-7444
Fax. No.: (818) 409-7144
E-mail: [email protected]
Vigen Khanlarian
5049 Caroline Way
Glendale, CA 91214
Tel. No.: (818) 248-9961
E-mail: [email protected]
52.1. This Paragraph and the obligations set forth in Paragraphs 4.3, 4.4, 4.5, 4.6, 5.1, 5.2, 6.1, 6.2, 6.3, 6.4,
6.5, 6. 7, 8.1, 12.2, 14.1.1 (b ), 15.1.2, 15.1.5, 15.2.2, 15.2.3, 16.4, 16.5, 17.2, 17.3, 18.1, 18.2, 19.1, 20.2, 21.4, 21.5, 24.1,
28.3, 28.6, 30.1, 30.2, 31.1, 32.5, 32.6, 32.7, 33.1, 34.1, 34.2, 34.3, 34.4, 34.5, 34.6, 34.7, 34.8, 34.9, 35.1, 35.2, 35.3,
35.4, 36.2, 37.1, 37.2, 37.3, 38.1, 39.1, 39.2, 40.1, 42.1.1, 42.4.1, 43.1, 43.2, 44.1, 44.2, 45.1, 46.1, 46.2, 46.3, 47.1, 47.2,
48.1, 48.2, 48.3, 49.1, 50.1, 50.2, 50.3, 51.2, 52.1, and 53.1 survive this Agreement's expiration, cancellation, or termination.
53.0. SEVERABILITY.
53.1. The invalidity, in whole or in part, of any term of this Agreement will not affect this Agreement's remaining terms.
54.0. COUNTERPARTS.
54.1. This Agreement may be executed in counterparts, each of which is an original, but all of which constitutes one and the same document.
54.2. The PARTIES must sign a sufficient number of counterpa1is, so that each PARTY will receive a fully executed original of tl1is Agreement.
55.0. TOTAL NUMBER OF PAGES.
55.1. In total, this Agreement, including the Exhibits and signature blocks, is one hundred eighty eight (188) pages.
33 KHANLARIAN EXHIBIT 5-033
56.0. REPRESENTATIONS -AUTHORITY.
56.1-. The PARTIES represent that:
(a) They have read this Agreement, fully understand its contents, and have received a copy of it; (b) Through their duly authorized representative, they are authorized to sign this Agreement, and they are bound by its terms; and
(c) They have executed this Agreement on the date opposite their signature.
Executed at Glendale, California.
CITY OF GLENDALE:
CONTRACTOR:
By VA (/4~
Vigen Khanlarian
REVIEWED BY:
a LJµ,_
Jes~1E)uran, Director
Community Services and Parks
/
Date: --~-½~2~-~--• 2015
APPROVED AS TO F~.? RM~~A: L
¼ .1/AI.
Sr., ~su, ~ City Attorney
34 Date
J:\FILES\DOCFILES\AGM\PARKS\TENNIS CONCESSION\GLORIETTA - KHANLARIAN • FACILITY USE AGREEMENT· FINAL· 3-12-15 -1145 am· MGA.doc
KHANLARIAN EXHIBIT 5-034
EXHIBIT 6
Special City Council Transcript - 6/10/25 Glendale, CA
Video: Special City Council - 6/10/25
4:55 Mayor Najarian: Good afternoon everyone and
welcome to the special meeting of the Glendale City Council and today is June 10th 2025 may we have roll call please? Council member Acador here. Vartan Gharpetian here.
Ardy Kassakhian here. Elen Asatryan here. Mayor
Najarian here.
May we have your report the agenda for the Tuesday June 10th 2025 special public meeting of the city council was posted on June 5th 2025 on the bulletin board outside city hall thank you and what's the first item?
First item is number one uh award of contract for operation of tennis courts at Glorietta and Fremont parks one motion approving the CSB director's recommendation toward a 5- year contract for operation of the tennis courts at Freedman Park Fremont Park with the option to renew on a year-to- year basis for up to five additional years to Glendale Tennis Academy and authorize the city manager to execute the
contract to approving the CSP director's recommendation to award a 5-year contract for operation of the tennis courts at Gloria Park with the option to renew a renew on a year-to- year basis for up to five additional years to hard 8
incorporated and authorize the city manager to execute the contract and three reject all other proposals to operate the tennis courts at Fremont and Gloria Parks as being less competitive than those submitted by the above reference parties
6:18 Mayor Najarian:: Thank you. Mr. Golanian.
6:20 Roubik Golanian, Glendale City Manager: Yes good
afternoon Mayor Nara members of city council. I'm actually just going to turn it over to Onnig Bulanian our community service and parks uh director who has a brief presentation to make for your consideration and we also have uh Gabrielle Goglia our community services manager in attendance who may be able to respond to some of your questions that may come after the presentation.
6:43 Onnig Bulanikian, Director of Community Services
and Parks: Thank you uh, good afternoon Mayor Narian and members of the council um the item before you is uh to
award a contract for operations of tennis courts at Gloria and Fremont Park um just real briefly, um, the requests for proposals um were issued on December 17th, um of last
year what of what's okay um sorry about that so December 17th of last year uh we did take the RFP uh application to the community services recreation and community services commission on December 16th and they gave direction to
staff to issue the RFP on December 17th uh the RFP was
issued to seek qualified operators for Glorietta and Fremont um tennis operations um the RFP had a minimum
requirement of three years experience operating a public tennis concessionaire with a minimum of two courts as well as a minimum of um including programming um of tennis
courts tennis court instruction coordinating tournaments and public open times whenever I mention public open times
that's open times that's free open to the public um at no charge um in regards to proposals we received 17 proposals with 11 unique proposers and five proposers um met the
minimum qualifications or were granted interviews and we had two rounds of interviews so we had our external um in external panel the external panel consisted of three outside uh municipal employees um the assistant director of parks recreation community services for city of Burbank the deputy director of city of Calabasas's community service and parks and a recreation superintendent for the city of Pasina all three of them had um extensive experience in managing
tennis concessionary contracts at their um uh municipality the internal panel uh consisted of city employees um our assistant director of community service and parks Theresa Alexan our community services manager Gabrielle Golia and our director of library arts and culture uh Lesa Pallay Doada so um the next two slides um are charts that include
proposal con comparisons um which include rental rates
number of hours um that are free open to the public revenue and so on so the first slide is Fremont want to change it back yeah please thank you the first slide is Fremont the rental rates uh the proposals that we received were um basically between 10 and uh $20 an hour the number of open uh
hours free open to the public varied between 40 hours to 194 hours a week and uh dedicated pickle ball hours between 170 to 366 hours um Fremont with the construction of the the renovation of the new facility we are uh having or
including four uh lighted pickle ball courts on one of our tennis courts so we had asked the Fremont proposers to add some programming for uh dedicated pickle ball hours and then uh total 5-year anticipated revenue between 500,000 to a million five um please note that the total anticipated revenue was a uh um basically we asked them to um the
proposal the proposers um if they would be interested in a flat rate as well as flat rate plus a percentage so 5% 10% or 15% so we got um a mix a mix of uh uh different types of uh revenue streams Glorietta uh we have three uh proposals um hourly rates between $8 to $20 an hour um number of
hours open between 20 to 84 uh hours per week that's free open play and our total 5-year anticipated revenue between 200,000 to 265,000 uh the rental rates for the hourly rates uh we uh when I say we city staff conducted a benchmark study on uh smaller cities such as Burbank Pazina Anaheim
Huntington Beach Riverside and we um put in the um
proposals the RFPs that those cities charge between8 and $48 an hour just to assist the proposers on um what they would be proposing as part of their proposal the evaluation criteria there was five uh criteria and uh the maximum points that a
[The CHART of five Interview Evaluation Criteria: (12:08) 1) Experience and Qualifications (20 points)
2) Proposed payment to the City (20 points)
3) Range of Services (15 Points)
4) Daily Operational Plan (15 points)
5) Advertising and Marketing (15 points)
The RFP’s were judged by two impartial committees, an
external committee made up of other public parks members from across the LA area, and secondly an internal committee most familiar with community needs.]
Proposer would get is was 85 so the first one was
experience and qualifications uh both interview panels
looked at previous operation and implementation of tennis and other similar programs such as tournaments uh classes uh day camps uh tennis schools um if they taught uh junior high tennis or high school tennis experience operating a concession with a government or school setting training and experience and different awards that they have received throughout their uh operation of a concession and um
evidence of um performance through uh their concessions the second criteria range of services um how many hours a week they would be open for the public tennis instructions private lessons public lessons group lessons um tennis
reservations if they would have the tennis courts available um for reservation pickle ball reservations and group
activities um third item is uh daily operational uh I'm sorry range of services um I'm sorry I picked range of services daily operational plan is day of hours of operation uh
leadership at site if they're going to be staffing it um or if they're going to be managing it with a another group uh support and capability of experience and the most important on our end one of the most important items is conting
contingencies contingency plan for inclement weather since the tennis facilities are outdoor and we have we sometimes have inclement weather will they still be able to pay the full amount if it rains or will they request for a fee waiver um another one is proposed payment to the city fees to the public for their use base fee to the city and percentage of uh profit to the city and the next item is advertising and marketing um will they use social media will they use
newspapers will they use flyers um how will they attract new customers um how will they retain existing customers and what new or innovative programs would they bring to um the concession to uh the facility um so those are the five um evaluation criteria that staff and uh the internal panel looked at the interview scores um here are the interview scores for uh Fremont and Glorietta so the external panel for uh
Glorietta Tennis Academy scored them at 78 and then the next it the next one was hardach I tennis and LA tennis the internal panel after the external panel uh interviews the internal panel invited the top three and the top three for the internal panel was Glendale Tennis Academy Hard Eight
and I tennis for Glorietta scores we had Heartache as one and then LA Tennis as two and Vegan um Vegan who
operates the Glorietta Tennis Concessional three for the external panel for the internal panel we had Heartache as one Vegan as number two and LA Tennis as number three
um recommendation staff's recommendation is to contract um with Glendale Tennis Academy upon completion of the
Fremont uh park renovation project and for Glorietta to contract with Hardach Incorporated if you have any
questions myself or Gabriel Golia who oversaw the RFP
process is available to answer any questions.
Mayor Najarian: Thank you. uh, so we have about a dozen speakers would you like to hear from the speakers before uh taking questions and then we'll hear from the city attorney uh before we begin discussing uh please uh begin and call the speakers?
Clerk: Beth Brooks you have three minutes Beth.
16:38 Citizen BETH BROOKS: hi yeah I just uh I don't know much about this but I see that there's a lot of public interest in this so uh my question is if there's if there are some people here who are not happy with the choice you've made about which tennis uh group you should choose isn't having a five-year contract a little bit long I mean couldn't you change it to a one-year contract or a two-year contract so you could come back and revisit this because if you've made a a mistake or if people are very unhappy with that choice at least you could change it in a year or two that's my only comment.
Thank you stephen Meek stephen
17:26 Citizen STEPHEN MEEK: Good afternoon my name
is Steven Meek uh I am an avid tennis player and I play I was playing at Glorietta at Fremont until the renovation started and have moved over to Glorietta Park where I play with two separate seniors groups uh and we go in there
basically three to four times a week that I'm playing at the courts uh I don't know the hard eight group to know how they function and what I know that vegan was very good at taking care of the courts and being good to the people that play they had us on a monthly fee for doing the tennis there uh I know that the on was talking about open times for public which I really really want to keep go going uh because the seniors play either early morning or mid-afternoon also uh the… I, I want to make sure that we keep the fees in a
reasonable range for the seniors because many of them are on a fixed income and they won't if it jumps too much they won't be able to play uh we have the free courts in other places in parks and things but if you're playing there and someone else comes to play you have to leave in 30
minutes which isn't really enough time for a whole set thank you very much.
18:57 Gagian (Armenian language speaker though no
translator was present.)
20:01 CLERK: Mayor, we'll have this translated.
Mayor Najarian: And are you confident (APPLAUSE) no
please don't. Are you confident in summarizing his remarks? Clerk: I am not.
Mayor Najarian: They were generally in support of the
Gandarian for the Glorietta?
Clerk: Correct, you are correct.
Mayor Najarian: I'll leave it at that- I won't go further out on the limb.
CLERK: Unless council member is smiling do you-
Overtalk: I think we should I think I think I think with this council we're going to be fine uh with that if there's another for members of the public language need yeah it was
generally in support of the uh the current operator at- Clerk: Yes
20:38 City Council Member Elen Asatryan: I think it's not just about council it does need to be translated we have a city attorney and-
20:50 I- I agree I agree but I don't know where our translator is normally we have that if we scheduled a meeting in the afternoon we should have been prepared for it.
Clerk: Uh, mayor and council members our translators are here at 6:00 p.m next time we'll have them here at an earlier time.
21:02 Unknown Speaker: It's probably appropriate just for the public if like whoever whether it's the mayor or the clerk to just if could just briefly summarize what the remarks were after you speak if it is in Armenian but I don't think I don't think a word for word translations required at this point.
City Council Member Ardy Kassakhian: if you were to ask maybe you would get four different translations right? I mean that's the challenge here and all of us understood what the person said but my understanding is in the city we have individuals who take exams who are prepared to do
translations if someone was to come into the city council offices is that person not available to assist us with this right now can we ask that person to at least come for anyone else who wishes to speak in Armenian mayor?
Mayor Najarian: Um, uh, let, do we have any indication if the speakers are speaking Armenian we do Not?
21:44 Clerk: Uh, we do not know there was one given to me the last minute and this is the gentleman that we have okay so-
Mayor Najarian: So will you in Armenian please ask if any of the cards that have are submitted are from those who will only speak Armenian?
Clerk: Absolutely.
21:58 Mayor Najarian: Will you do that just right now no I do have uh I do have about seven cards here?
Clerk: Rubik Torosan is there any Would you like it to be translated in Armenian or
22:09 Okay let me pause to them or let me pause and
recognize council member
Sorry yeah that's what I wanted go ahead- all right we don't have any okay then please go thank you and of course she asked if anybody needed an interpreter please rise and we don't so next speaker
22:37 Clerk: Rubik Torosan you have three minutes
22:44 Citizen Rubik Torosan: Good afternoon I haven't
been here for years um but the gentleman what he was
saying is more than just that he was in support of Mr vegan what he was saying that Mr vegan is very reputable caring human being that has done his best for decades tried to accommodate to a lot of our needs now the rest you guys can translate um I lived in Glendale for 46 years I was the newspaper boy in the 9128 zip code I delivered the Glendale newspress then the LA Times I still live in the area i've known Mr vegan through my father all I can say about him as a human being I don't know anything about the tennis academy I don't know anything about the numbers that you guys put there u even though at times I think that I'm a decent businessman but I just want to talk about his uh the type of person he is reliable hardworking sportsman caring he's available for all of his students from different ages my son has gone to him my niece at times has gone to him my father has gone to him he's a dedicated human being and I think u we should recognize what he has done for decades in the city for the city residents and others just take that into consideration and I'm glad I saw majority of you here. Thank you [Applause]
24:17 Mayor Najarian: It's not a tennis match, we're not cheering the points.
Clerk: you have three minutes
24:29 Coach at Glorietta, Artak: Good afternoon dear
committee members my name is Artak and I had I have had the privilege of working as a tennis coach at Gloria Tennis Courts uh side by side with coach Vegan Klaran since 1998 for over 28 years I have witnessed coach Vigan's
unwavering dedication to Glendale community under his
leadership the Gloria tennis courts have become more than just a place to play tennis they have become uh second
home for many coaches players families and tennis lovers for all ages and backgrounds coach Vegan has created a
healthy welcoming and safe environment where everyone
feels included parents trust him so deeply that they are comfortable leaving their children in his care sometimes even when they are running late knowing that their kids are in good hands over the years I have seen generations of young athletes develop at Glorietta Tennis Center many
have gone to compete compete in junior tournaments
repres- represent their high schools and earn spots on
college teams at both the community college and university levels one standout example is a Glendale resident who
trained at Glorietta Tennis Center since he was eight years old went on to compete professionally achieving a world ranking as high as number 157 and playing in major
tournaments like Wimbledon and the US Open but coach
Vigan has built more than a successful tennis program he has created a culture value rooted in community we which we deeply cherish and want to preserve it for future
generation now the big question how would it be under the new uh management with all due respect cooperation with other coaches might not offer the same unity structure or shared purpose coach Vegan's leadership creates harmony among staff besides I coach Vegan and several other
coaches have dedicated nearly 30 years of our lives to
serving this community Glendale community it would not be fair to overlook that level of long-term comm community commitment and contribution we have built trust relationship with this community and the culture that cannot be easily replaced dear committee thank you for considering this
testimony I trust you recognize the tremendous value coach Vigan brings to Glendale and please continue to support his work at Glorietta Tennis Center as you have done for years thank you [Applause]
27:34 Clerk: I have Selene Kachiki
27:46 Selene Kachiki: Dear city council members thank you for your time and for the opportunity to speak my name is Link Cheeki and I was born and raised in Glendale I went to Verdugo Woodlands and Wilson and Glendale High and I
also now work for the city of Glendale within the Glendale Police Department I'm here today not only as a lifelong resident but as someone whose life was shaped by the
community at the Glorietta Tennis courts I began playing tennis at the age of six practicing a few times a week after school with coach Art Genan under Vegan's leadership
Glorietta offered a truly unique and welcoming environment one that encouraged players of all ages and backgrounds to grow connect and feel a sense of belonging that culture kept me going back for over a decade and even after college
having occasionally played at other courts and parks as well under various managements I can confidently say Glorietta under Vegan's guidance stands apart it was never just about tennis as kids we would do things like stay longer after practice to help set up a small pool for the ducks that would frequently visit the courts and we were frequently also surprised with ice cream on hot summer days qualities like this are what kept families like mine going back when I got to high school joining the tennis team was a natural next step in 2017 my teammates and I became the first girls team in any sport at Glendale High to win a CIF championship that
moment was a win not just for us but also for GUSD and the city this strong foundation pushed me to continue to play at UC San Diego and others to play in more professional
tournaments like Wimbledon and US Open as mentioned
before all of that was made possible because of the space Ven created replacing someone who has put years into
building that kind of community with a foreign company
would make would take away what makes Glorietta special it wouldn't feel personal anymore it might feel corporate cold and disconnected even as someone who grew up there I'd
honestly feel hesitant to return if the courts changed uh hands and I'd also think twice before recommending it to others but with someone like Vegan still there I know
whoever I send there will be taken care of because of the reputation he's built over the past 30 or so years and
something I'd like to emphasis from the Armenian speaker was that 30 years of experience cannot be just disregarded in a matter of two interviews from an external or internal panel so thank you again for listening and considering what makes Glorietta more than just the park.
30:28: thank you so did you, excuse me before you go
before you go did you play uh on the women's team at UC San Diego you said um it was the club team but All right thank you very impressive. (Applause)
30:41 Mayor Najarian: thank you uh Viken would you come forward please so because no one is listening to me would you please ask your supporters not to clap after each
speaker okay treat this like a tennis match uh right before the serve everyone has to be quiet.
31:08 Vegan Khanlarian: okay please please all all my
supporters don't clap thank you.
Mayor Najarian: thank you we'll see if you have better luck than I do.
[Applause]
31:24 clerk: The next card is Sona Joseph sona you have three minutes.
31:36 Sona Joseph: dear council members my name is
Sona Hovepian and today I stand before you with a deep
sense of gratitude and a heartfelt plea I want to talk about a place that has been more than just a tennis center for me it has been a home a gathering place for generations that
place obviously is Glorietta Park Tennis Center i've been coming to Glorietta since 1998 over the years it has become woven into the fabric of my life and the lives of countless others who couldn't be here today it's where children first learned how to hold a tennis racket where teenagers
discovered the thrill of competition and where adults found camaraderie and purpose it's where grandparents watch
their children play where parents once trained as students and now bring their own children to learn from the same tennis coaches it's a place that bridges generations a living testament to community continuity and care what makes
Glorietta more special is also its um close proximity to the park just steps away from the tennis courts this unique location allows families not only to practice and play tennis but also to enjoy the park before or after their tennis sessions families come together to play to celebrate
birthdays or simply relax in the open space creating
memories that go beyond just tennis and at times it includes the tennis coaches the courts and the park together foster an environment where active play relaxation and community
spirit thrive side by side moreover Glorietta hosts tennis camps that seamlessly utilize both the courts and the park offering children opportunities to engage in a variety of activities that nourish their physical social and emotional growth these camps help foster friendships teamwork and a love for tennis and the outdoors enriching the lives of our young members in countless ways we have many students
from the tennis camps who are here with us today gloria is not just a collection of courts it's a vibrant welcoming community a safe haven where the elderly come to make
friends stay active and nourish their well-being it's a place that offers more than physical activity it offers a sense of belonging it's a place where laughter echoes friendships blossom and memories are made and at the heart of this
community is coach Vegan Khanlarian and other dedicated tennis coaches who are here with us today for years Vegan has been more than a manager he has been an integral part of this community spirit his dedication kindness and
unwavering commitment have created a safe welcoming
environment where everyone feels at home thank you.
34:46 Clerk: time is up great time thank you thank you next speaker please next speaker.
(APPLAUSE)
34:52 Mayor Najarian: I mean you guys want to play or
what here? Please don't- I mean you're being disrespectful to the mayor to the council we're listening very closely to what you're saying please don't clap after each speaker okay I mean it's not that big a deal I don't want to hammer this down but please show some respect next speaker please.
35:12 Clerk: christine Salce, christine.
35:18 christine Salce: good afternoon uh council members um I sent an email to Arty and I sent one also to um Dan regarding this um I have lived in Glendale uh close to 40 years and I play tennis um started at Fremont Park and play at Verdugo I'm sorry at um Glorietta and also at Schul
Canyon I play league tennis I play competitively um my first statement will be uh requesting that vegan uh maintain uh the concession at Glorietta Park um he has had that
concession for 29, 30 years I I've been told and he has done an exemplary job um Glorietta has been extremely well-
maintained um and it's a part of the community he treats everybody um as if they're family um and if you go there on a weekend or during the week you'll know what I mean um so I feel that he's also a resident of our neighborhood why would we give it to somebody who doesn't even live here maybe because the city might get more money a little bit more money if I mean aren't we about being a community in
Glendale um the second thing is about Fremont Park and I would request that another uh concess that it doesn't go to um is that other one that has Shaw Canyon uh I don't feel Shaw Canyon has been properly maintained um their fees
are high the court fees were $20 now they're I mean they were $12 now they're $20 it um the high fees um sort of eliminate uh opportunities for low-income families to join and play tennis and tennis is a high income sport let's face it what about teaching the little kids to play so they can compete um I'm h I'm um also concerned that um uh we I
had a a concern last week I had a USA match there were
two league matches going on at the same time and we were uh there was a reservation on the same court the two teams were trying to figure out who's getting the court I talked to one of the uh show people they said they'd been calling nobody was picking up so there's nobody available to
answer questions or uh figure out a situation where you've double booked a court for a USA match um so also the uh tennis courts are not maintained at Troll Canyon um so I don't feel that if they can't maintain them up there I don't think that they're going to do a good job here at Fremont I think you we need to keep tennis available for a lot of people not just people who have who can spend $20 an hour for
and then how much an hour for lessons so um those are my two concerns and the liability of people sliding on the dirty court.
Clerk: Your time's up thank you.
38:52 I have a civac amedian see you have three minutes.
Citizen Civac Amedian: All right awesome uh good
afternoon council members uh my name is Sevakamrian uh
I've lived in Glendo over 30 years um I'm here to speak on behalf of coach Vigan uh who has impacted three
generations of uh my family um uh first thing I want to mention how amazing coach looks at 78 years old uh
teaching and playing tennis seven days a week uh 10 hours a day uh I hope I can make it to that form hopefully at that age um Coach Vegan was my tennis coach when I was a
teenager uh now uh my seven-year-old son has been taking lessons with him twice a week for the past four or five years and long before that uh he was one of my father's first elementary school uh friends and they still meet up weekly to play snooker at my father's club um he's managed the
Glorietta Park with dedication for two two decades uh
beyond coaching he's created a safe consistent and positive space for hundreds of families over the years uh replacing him isn't just a contract change it would be a loss for the entire community um please consider what his presence has meant to the families like mine thank you very much for your time thank you.
40:06 Clerk: next person is Sophia Pashion sophia there's two names on this card actually there's a Canadian too on this card are you guys together you guys get three minutes 40:22 Citizen Sophia Pashion: good good afternoon city
council members my name is Sophie Pashan and this is
Kennady Curjan we're here to represent our school's tennis team uh we reside at Rose and Alex Pilibos Armenian
School and we urge you to keep coach Vegan Kalaran as
the manager of the Gloria Park tennis courts i've been
playing tennis since the age of six but I didn't feel like a real player until I stepped onto the Glorietta courts and began training with coach Van he brought out a confidence and discipline in me that changed the way I approached the sport and myself his influence has extended beyond tennis he sh helped shape who I am the courts at Glorietta are more than a recreational space they are a sanctuary they've become my escape from the stress of school and daily life largely because of the welcoming and encouraging environment
Coach Vegan has created many of us show up on show up
even on days we don't feel like playing simply because we don't want to miss the chance to see him coach Vegan
doesn't just coach he builds community he celebrates
players birthdays remembers their stories and treats
everyone with respect his small office next to the courts is a reflection of his legacy decorated with vintage tennis rackets and photographs of him holding those very rackets from his own championship days he's not just teaching a game he's passing on decades of lived experience and care in fact over 200 people have signed a petition in the last two days asking that coach Van remain at Glorietta that number reflect just a fraction of how many lives he's touched replacing him with a private company unfamiliar with this community would erase the heart of what makes these courts so special I ask you to consider not just who manages this space but who brings it to life thank you.
Kari Curjan: uh good afternoon city council members as
Sophie mentioned my name is Kari Curjan and I've been
playing at these courts for the past eight years with coach Venian and I'm here today because I strongly oppose uh the change in management of these courts coach Van is more
than just a coach to many people he built a community here taught us discipline sportmanship and confidence for some of us this is where we spend our weekends our summers
and made lifelong friends he didn't just coach players he created a team from scratch at my school Rose and Alex
Pilibos which now has over 40 children playing I mean high schoolers playing on the varsity tennis team before him we didn't even have a tennis program uh he took over 40 of us who had a lot of us who had never even picked up a racket and turned them into athletes who now represent our school with pride these courts aren't just public property they're our home and Coach Vegan has taken care of them and the
people who played here with respect dedication and love every time I show up to the courts on the weekends at 8 in the morning I see him tending to the courts ensuring that they are in perfect condition for the community to use please consider how much he's given to his community before
making a decision that could take that all away. thank you 43:14 Clerk: Mayor I have one more card nick Schillinger schillingford nick you have three minutes.
43:31 nick Schillinger: hello good afternoon council
members uh thank you for your time and attention I actually sent you an email this morning but I just got a text message from my son who insisted that I read that email to you uh so I said I'm writing to you to express my sincere concern about the proposed replacement of Mr vegan our beloved facility director and tennis instructor at a Glorietta Park with a private company my son took up tennis at this very facility at the age of uh 10 years old under the direct direction of coach vegan before long coach had transformed him into a very capable player taught him discipline and mentored him in a fashion that mirrors the work of a father vegan his
development was steady and his general demeanor was one that commanded admiration at one point my son wanted
change and felt as though he would benefit from playing with groups of kids as opposed to the one-on-one sessions after moving from facility to facility and working with several instructors he surprisingly announced that he wanted to return to Vegan he has enrolled at Crescent Valley High School and hopes to make the tennis team in the future and thinks that the only way he can accomplish that feat is by getting the best possible training available to him despite the fact that he got the opportunity to play with many other kids at several facilities for all Glendale La Cresenta and La Canada he concluded that the only vegan had the structure teaching ability patience and serious seriousness that would help him to develop as at his desired pace after a return of three shot months with vegan and uh a renewed vigor my
son was able to pass part participate in his first tournament the Pomona Pizzera Junior Championship where he won
two matches the first of his budding potential a career as a junior and there are many many other kids from Glendale Montrose and Lacresenta communities whose stories I am
sure are similar to those of my family. over the years I have witnessed the great care and attention with which Coach Van administers to the needs of the facility the area is always clean and well-maintained as a matter of fact families with no interest in tennis at all can be seen simply sitting on the benches walking their dogs uh around the courts or just talk taking a stroll on the compound while talking to their friends uh a testament to the welcoming atmosphere created by Coach Figan furthermore there is almost always uh two or more senior citizens who take the opportunity to sit in the shade and discuss everything from sports to politics to life in general an activity which I as a physician believe contributes to the well-being and longevity of our elders these individuals who have already made significant contributions to the
community need such an avenue to relax and enjoy their
retirement thank you.
CLERK: thank you mayor there's no callers or cards okay. (46:38) Mayor Najarian: Great uh before we uh as a council begin to discuss this or ask questions I want to turn to the city attorney and ask him what- uh, because of because that this was an RFP what obligations uh cautions do you have for us in moving forward?
46:56 City Attorney Mike Garcia: sure uh Mr mayor I'm
going to ask senior assistant city attorney Aaron Israel to uh come up and provide a a summary of the parameters uh
governing the decision you're making today thank you.
47:00 Aaron Israel, Senior Assistant City Attorney -
Community Services & Parks states. Good afternoon mayor and council. I'm Aaron Israel, I'm your senior assistant city attorney. In broad terms the law governing competitive
solicitation requires that once a public agency establishes a selection process the agency must adhere to that
selection process. Here the RFP states that the best
candidate will be determined by reference to the five criteria that the director mentioned in his presentation, the results of background and reference checks and the results of
interviews and the presentation phase. The RFP also states that the city can take other actions when in the city's best interest including but not limited to reissuing an RFP
potentially with different or differently weighted criteria or declining any proposal and potentially accepting another proposal but importantly those alternatives must have
evidentiary support derived through the selection
process. The law would not allow for instance; the city to consider an award based on criteria that was not
stated in this in the RFP. So we're looking at the five criteria that the director mentioned, if the council wanted to consider criteria beyond those five, the appropriate legal mechanism would be to reissue an RFP with different or
differently weighted criteria.
48:42 Mayor Najarian: And the criteria- could you please repeat the criteria?
Onnig Bulanikian: Um sir, sure, so uh, the first criteria is experience and qualifications okay um range of services uh daily operational plan proposed payment to the city and the last one is advertising and marketing.
(49:00) Mayor Najarian: Obviously not surprising we just heard a lot of testimony from the public uh on certain issues um such as longevity such as teaching ability responsibility are any of those specifically scored in those criteria I mean and other we heard a lot of things but these are things that um that are in my mind?
Onnig Bulanikian: Which slide would you like-
Mayor Najarian: Yeah, how are those um?
(49:36) Onnig Bulanikian: That would be part of a
experience and qualifications so previous operation and implementation of tennis and other similar programs the longevity piece uh range of services um tennis instruction private lessons public lessons um I know he's got summer day camp programs tennis programs private instruction as well as teaching um high school high school tennis uh daily operation which is uh hours of operation daily um how many hours um he will be open to the public at no cost how many hours available for rentals how many hours available for class instruction as well as private instruction and as well as instruction for other tennis pros to come in and teach. 50:27 Mayor Najarian: did council give you those points? Onnig Bulanikian: no these points um-
Mayor Najarian: You developed them internally?
Onnig Bulanikian: we developed them internally.
Mayor Najarian: later we approved um did we later?
Bulanikian: The parks commission recreation and
community service commission approved these the criteria. (50:40) Mayor Najarian: I'm not sure I would- personally I'm not sure I would apportion the points in that matter, I mean I do think experience and qualifications are significantly more important than an advertising or a marketing plan um and let's say I wasn't happy with that Mr. Garcia in in that uh allocation of points what would what would our option be then to re-bid or rescore or…
(51:12) Mr. Michael J. Garcia: Mr. Mayor so as as Aaron noted if you if the if there was a desire by the council to uh place greater weight on on a on a particular category or to have additional category or remove a category that would in our view require the the RFP to be reissued. If the desire was to um consider um maybe re-ranking or re re-scoring within a category that's you know again that that would probably cause us some concern it's it's permissible our recommend if the council is inclined to go down the road would be to at a minimum uh give the opportunity for all the proposers to come to the if the council is going to do that to to give the opportunity for the council to for the the proposers to come to council and explain or or
basically make a pitch to the council at that point. Um, again not a recommendation but if that's that's the desire uh the recommendation would be to uh you know have an
additional meeting to allow that to occur because I don't you know again that's not exactly what was the the purpose of this meeting um but that's kind of where we're at. So let me just reiterate if the desire is to give more weight to one of these categories or to change or modify one of these
categories then our recommendation would be that the city would have to reissue the RFP.
52:41 Mayor Najarian: Part of the discussion that we heard is the discussion of best interests that's not the same best interests that we ran into when we were selecting a mayor is that correct?
Mr. Michael J. Garcia: That's correct so in that in that context that best interest determination was a legislative determination so uh that is you know in in that context as long as the the decision maker can articulate a basis then you can do so in this context um you there still must be substantial evidence supporting this the city council's decision uh in which case it's not just a legislative
determination but you have to identify things within the record that support uh making a determination that's
different when than what the director is recommending.
Mayor Najarian: Okay, okay, yeah that's what I was
arguing that that wasn't successful. So um, let's- let's be obvious here; there may be some inclination to select
someone other than the recommended proposer for Glorietta in what way if that's council's desire and we're going to discuss it in detail in what way could we achieve that or get to that point?
53:38 Michael J. Garcia: I'd be a little hesitant to sort of um give you that road map without knowing kind of what, what are the issues that the council has with how it was scored so, we maybe as we go down the deliberation we can we
can impinge on that.
Mayor Najarian: I appreciate that. Let's uh, let's hear from my colleagues, Mr Gharpetian.
53:57 Vartan Gharpetian - Councilmember Um page five
I'm looking at this point system ‘experience proposed
payment range of services daily operations’ it's like 20 40 50 60 70 85 points and then I go to the next page that says ‘external panel and internal panel’ uh, so if you combine them together h- how did this work? I mean, can you tell us what their points were on uh interview evaluation criteria? Because based on exper- because some people don't
interview well, let me put it that way, and- but they they have a great track record, they have a great experience, they, they sit in a room in front of five people sometimes they panic it happens to all of us but as far as the the point system is 85 points so the ones that you have on page six those points like external panel 61, 77 versus 61, uh hard eight was 77 and we can Vegan is 61 is this from that 85 points?
(55:00) Onnig Bulanikian: Mayor and joint members of the council council member Garpedken we do have um slides
that have been parked in this PowerPoint just for this reason um so we'll go ahead and review the interview scores if you want us to drill down on each of the categories.
Mayor Najarian: These are the detail- in other words these are the detailed scores for each category.
Onnig Bulanikian: For Fremont and Glorietta.
Mayor Najarian: Yes, I think we're concerned with Glorietta.
Onnig Bulanikian: Yes.
(55:40) Elen Asatryan - Councilmember: Who was on the
external panel and internal panels?
Onnig Bulanikian: External external panel was the director assistant director of Burbank uh community service and
parks and then for um city of Calabasas's deputy director of community services and recreation superintendent for city of Pazina all three of them oversaw the tennis concessionaires at their respective cities.
55:59Vartan Gharpetian: And the internal panel?
Onnig Bulanikian: And the internal panel was uh Gabrielle Golia community services manager Theresa Alexan our
assistant director of community service and parks and Lesa Pallayado director of library arts and culture.
56:21 Vartan Gharpetian: I just wanted to know how this point system works because we don't have these other
slides in our in our package.
Onnig Bulanikian: Would you like us to I'll move forward to the Glorietta one and-
Vartan Gharpetian: Yeah and one one one question before we move there was part of the criteria of the RFP for the applicants to have three years of experience of running tennis courts in one of our facilities?
Onnig Bulanikian: Tennis concessionaire not course tennis concession a full concessionaire at anywhere not only in city of Glendale so it can be a country club it can be another uh recreational park district it can be a uh Glendale unified school or LUSD school, any tennis operation running any tennis operation.
Vartan Gharpetian:And this other applicant hard eight
where was their um I year of experience of uh running a full concession?
Onnig Bulanikian: Here it was at a uh country club at um director of tennis at Lake Area Country Club and then they also had five years experience running public courts for rim of the world recreation and park district.
Onnig Bulanikian: rim of the world?
Vartan Gharpetian: rim of the world recreation park district probably Lake Arrowhead area lake Arrowhead area up in
that area.
57:41 Vartan Gharpetian: They haven't been in our area? Onnig Bulanikian: They currently teach contract classes for us at Nibli Park and um Montrose Park and I believe uh the owner of Hard Eight Inc. is a La Crescenta/Montrose
resident.
58:01 Vartan Gharpetian: Okay that's all I have at this time. 58:10 Ardy Kassakhian: So yeah, so I have a couple of
questions, I mean, I, I would say that those although um certainly provides them with tennis experience for hard eight I don't think is quite the same as running a concession operation um and and it doesn't seem as though there's uh you know being in charge of tennis operations doesn't
necessarily mean that they know the financials of running it.
I'm looking at one of the slides I think it was on page four of the presentation. Based on this um in terms of rental rates uh the current uh concessionaire Mr. Khanlarian uh provides the lowest rate of all three is that correct?
Onnig Bulanikian: Yes.
Ardy Kassakhian: Okay, um, number of open hours which
is something I think we want for the public who wants to be able to play is offered the most by Mr. Khanlarian as well correct yes okay and the total 5-year anticipated revenue although it's not the highest it's certainly higher than the one that uh was awarded uh the recommendation I won't say
award the contract because we'll decide that.
59:15 Ardy Kassakhian: Okay so using those criteria if
those were to be the priorities Mr. garcia what is the um challenge or what is the concern in regards to us um
deciding that you know for me to make a motion that we
provide uh that concession contract to Mr. Khanlarian?
59:42 Mr. Michael J. Garcia: Um council Kassakhian and so uh with respect to those um those criteria um I think they're they are part of the criteria by which um and Mr.
Khanlarian can uh maybe provide some context but they're not the the they're not the overall criteria that by which the RFP is intended to be judged these criteria and so that's that's if you are um the concern we'd have is if if you were to award it to uh Mr. Khanlarian based on the criteria
that are on that slide it would be uh at the detriment of the other criteria and uh certainly a claim could be made that- that the the criteria that are in the RFP are not being followed.
1:00:25 Ardy Kassakhian: But the criteria so you are the staff report or what you're saying forces us to take everything in totality, whereas for me when we're looking at advertising and marketing that you know on on the scores that are listed here hard eight has nearly doubled up on and tripled up on the scores that uh Mr. Khanlarian has received, the question to me would be why would someone even need marketing
and advertising if it's very clear that they've been operating for 30 years the courts are at capacity certainly there's not a need for more I mean you can't just create ours and we can't create more tennis courts so marketing and advertising for what? I'm sorry to to kind of sound you know puzzled and perhaps more quizzical…but I mean you're telling us we
can't do this because of XYZ, I'm looking at these scores and I'm scratching at my head and I'm wondering why that was even given as high of a weight as it should have? Now if our courts were struggling or if there you were to tell me someone comes in and doubles up on the revenue offered
and it's because we haven't been advertising the courts I would say ‘Okay let's consider it.’ But I think that it's pretty, I mean, common sense to say that we want the courts to be used we want our residents to be able to pay a competitive market rate which is being offered and to have someone
who has experience running it and and I you know I don't know what the issues are and the concerns I can sense that there's some consternation and discomfort from that side… but you know I I would suggest and I think it makes sense to just continue with Mr. Khanlarian just based on the criteria that I think is is most important… unless someone tells me from parks that advertising and marketing is what the city's tennis courts need more than what the players on them.
(1:02:07) Michael J. Garcia: Well, I mean, I think at a minimum we should maybe hear from parks as far as why
those criteria were included because um there's certainly part important part of the process even if there's
disagreement by the council currently uh certainly something that can be modified but um I know we had a valid reason for including those in the RFP. It's probably appropriate to to hear from staff on that.
Onnig Bulanikian: Gabrielle Golia who oversaw the RFP
process come up and explain.
1:02:33 Gabrielle Golia: Mayor Nadari and members of the council I'm Gabriel Golia community services manager. The the criteria for advertising and marketing um was to be able to evaluate from all of the proposers how they would recruit um new people into not just the existing programs but
possibly new programs as well. Um and Mr. Kanlarian
certainly has uh been running a very successful program and nobody is debating that um what uh what the other
proposer brought to the table was additional programming new different programming and um opportunities to reach out to a broader community… some of the ideas that were brought in with it um included social media which Mr.
canarian doesn't have um a website which doesn't we don't have and a large part of it was also creating a reservation and registration software program um or utilizing one that already exists that the city can also offer up uh in order to allow the residents to reserve courts online or um from their phones… Um and and so those were some of the areas that um were not as strong coming from Mr. Khanlarian as from the other proposers.
(1:03:53) Elen Asatryan: My question and you had these
discussions with him and he's not willing to meet the city? Gabrielle Golia: Certainly all proposers during the
interviews were willing to uh try it during the interview process the the waiting of those um scores came from the proposers um actual proposer proposals what they brought to the table and recommended that they would do so um
while he didn't fail that section by any stretch he was ranked lower because um he was uh tentative about uh changing
from a cash only operation that is how he's always run so changing over to taking credit cards and and using social media and doing everything with an app online or with a website there were um just some there was some hesitation from it so he certainly did not fail that section it was um just a lower scoring on that section than other proposers.
1:04:50 Elen Asatryan: (Waves Mr. Khanlarian to the
podium.) I have a question, specifically, if you may-
Mr. Khanlarian: Please thank you very much for letting me talk…
Elen Asatryan: Wait for, I, I just have, I have a question, yes please, so one of the points that was made was about you only using a cash-only system, um, are you open to also having a system that integrates with the city's system? Mr. Khanlarian: Yes, of course, uh for payment yes of
course we we plan for that I asked Miss Gabriel uh to do you have a app we can use it she said yes then we going to use it when I got the contract then I'm going to use that app for reservation system we if we have only four court we don't need to advertising because if you have I advertising to four courts if bring 200 people over there how can I manage
them? Yeah? there is only four courts and I have a couple of coaches we have we can arrange for just minimum uh
people over there so we don't have eight court.
Elen Asatryan: I was just interested to hear whether or not you would be willing to integrate with a central system, um that kind of works for everybody thank you um I think one of the comments that I had made uh during this Thank you um during the briefing was you know whether it was for
advertisement purposes or whatnot um in funny enough um I went on the so for those that use MindBody uh which is one of the apps that's like very common for folks for any exercise or whatnot I use it for looking for Pilates classes or whatnot um I went to look to see what um other tennis groups were uh advert advertising uh on there um it seemed like other cities were doing that uh one of my recommendations to staff was uh instead of looking at just advertisement from the companies was you know looking at a system that integrates for example with the mind body app so you're naturally
getting into a bigger pool of folks that can see here are some tennis activities that are happening in the city of Glendale um I think there is weights to be given to how much the courts are being utilized today um while it may you know on all the other items I'm the person that I'm like oh we should put something out on social media and all those things can also be done in coordination with city hall right like how we're amplifying the things that are in our city and in our tennis courts so um especially the courts being used I don't see how that would rank so high especially if he's willing to also uh integrate into our central system so…
1:08:01 Mayor Najarian: We’re not taking questions from the audience uh no but they had their hands up but I I
recognize you yes thank you.
1:08:06 Vartan Gharpetian: Uh so currently we have a
system that any of this uh concessioners can can use uh like hard eight is going to use the city's um app or services that we have for for advert not advertising for accounting for reservation we have a system in place right now right?
Gabrielle Golia: Uh Mayor Najari and members of the
council uh we do have a program a database program that we use for the community services and parks reservations and registrations um we have priced out a module and we have a demo of it um scheduled for next week um it's very quick to add it on um should that be the direction that we choose to go um and um Hard Eight did bring to us uh a
registration reservation software program that they
recommended they would use in their um proposal itself but they also said that they would be willing to use ours um Glendale Tennis Academy asked to use ours so um no
matter which of the vendors that are selected um it would be available um to add on as a module to our existing software program.
Vartan Gharpetian: And it's easier for us as well because as far as tracking the you know all the all the programs and everything else our system would be much easier for us for them to use our system any whoever is the concessioner to for us to be able to track it and you know make sure
everything is in order.
Gabrielle Golia: Yes, we certainly would have a a much easier time auditing um the activities and the revenue and the um reservations that take place uh if it is using the software program we already use.
Vartan Gharpetian: So in in that case I was just doing a quick calculation the, the point difference on uh category five which is advertising and marketing is about 13 points
between- as I said between interviews it happened to me as well you know you go to an interview room you you freeze.
Uh, there's 13 point difference uh between Mr. hanaran and part eight external and also on the experienced side uh I don't know this other group they may be very well
experienced I'm not questioning that uh but they're not even from this county I mean most of their experience
were in other counties and other areas and I'm sure that they're doing a good job on teaching uh for for the city they have private classes or what have you uh but I think that being this close. When there's a 30 years of uh history in in one side and all all these people being here is a testament to their dedication because we do this for a reason it's a service that we it's not for the money uh the tennis courts are not there it's not money generating uh services for for for the city it's more for the community we're providing a service for the community and we want someone uh that is you know there to for the community and I think they they the reason I'm mentioning this is even the category one the hard eight scored very high and I I don't- when when you compare the two uh doing the same job, I don't see it that's that's that's not that I question the staff or anything like that it's just on the on the surface when you look at it It doesn't it doesn't look right to me.
1:11:35 Mayor Najarian: Okay well we need to decide how we can address the issues that were raised. My concern is that even you know flying by the seat of our pants if we eliminate the whole category of advertising and
marketing uh as being irrelevant at this point it's still it still doesn't change the order of ranking…
1:12:08 Ardy Kassakhian: Well again, I, I, I would question some of these, I, I would question some of these categories, you know the range of services, I understand that I mean perhaps for a court like Fremont which was closed for over a year and the individuals who are utilizing that court I believe as we heard from some of the one of the people that spoke at the podium it makes sense to say well how are you going to advertise what is your range of services going to be because now they're going to introduce pickle ball on those courts but it doesn't again it's it's this apples to apples using the exact same criteria for the courts at Glorietta which are not the same necessarily to Fremont first of all there's less they've been continuously operational minus you know some hiccups during COVID when they made it more difficult for to run those operations it does make a difference if you take away that range of services and advertising and
marketing category out of there um the the uh other
categories are right up there along with the city… Now the operational plan which is I guess the social media and the um utilizing of a software I don't think that becomes that hard of an obstacle uh for the operator to implement.
Social media again I would question because I don't
know necessarily the value that social media brings in… Especially if the parks department has its own totality of social media advertising which I think you do a fantastic job you do as well I think you all you and your staff um do amazing work and very impressive work u but I think with that it becomes you know an apples to apples comparison in fact I would argue and say that the apple that's been
there already longer is is is the one that that is
preferable versus you know to go with who you know
versus who you don't that you're hoping maybe is going
to do all these things that you're hoping what can be
implemented. Um versus taking what you have and
improving upon it now I understand again lawyers are going to be lawyers they're going to twist they're going to squirm and they're going to get nervous but I don't I think it's a very defensible position for the city to have especially when you have the other categories that I indicated you know the cost to our our um tennis players um the number of hours it's available the overall revenue to the city and I know it's not a huge revenue but it's something those are things that matter to me.
1:14:43 Michael J. Garcia: uh thank you Mr. mayor and and just wanted to uh circle back on sort of the categories and weighing of different categories and possible um reduction or or even elimination of the categories just to give you an example on the on the range of services uh the propo- the RFP says that the the scoring will be done based on the evaluation of the proposal's ability to provide a well- rounded program in the following: Public rentals open
playtime for community free of charge and without
reservations pickle ball hours tennis instruction private tennis instruction group tennis clubs and ability to accommodate persons with disabilities and provide integrated programs and services. So um when the proposers are all looking at the RFP and what they have to submit on they they and this is this is our concern with just eliminating them and
awarding based on that versus reissuing the RFP is that all the proposals not just at heart and not just uh not just uh Coach Vegan is that you um uh they're making their
proposals based on what they see in the RFP and perhaps that slide that shows what the the rental rates are and the open hours and the five-year revenue that number maybe
those numbers change if they don't have to focus on all these things that they're required to focus on the range of services, so that's the concern we have with just would would with just moving forward based on perhaps either
rescoring or even eliminating categories from from the
RFP. Again you know you're the council, we, we take
direction from you but that's our concern.
1:16:12 Ardy Kassakhian: But you mentioned accessibility may I mayor you mentioned accessibility fremont is on flat land have you been to Gloria Park Mr. garcia? (affirms) Okay do you know how you access those courts there is a hill you have to go up there's stairs that require access when you're talking about accessibility I will I will say this I have gone to those courts quite a bit not because there's a small you know grocery store in Bodega nearby that I like to frequent
oldfashioned Delhi but also because you know I've been
there myself I used to play tennis there in college and high school. Um you know not with any of the coaches
or anyone who's here there's no conflict. You know, my
son, six years ago, took a few tennis lessons there.. but they are doing the best with very limited resources in even the the building in which Mr. Khanlarian is is like a Home Depot tool shed it's not a legitimate- I mean to ask this person to have like a computerized system… Perhaps he
can with an iPad or something I don't know technology
changes and people are capable of doing miraculous things and I'm continuously surprised but we're we're putting criteria and requirements on someone that may not be fully
equipped or supported to carry those out unless the city's willing to work with them and I know Mr. laran is because he's often called me about the light situation the, the evenness of the courts you know where water pools after storms um you know someone else comes in and has a
proposal and a group of you know uh raters from
outside of the city rate them high sure because they
have this very uh polyianish um vision for the area but you know I think that those who know the courts who
know the system know that it can work with what's there right now.
1:18:08 Mayor Najarian: So let me just state and I'll turn it back to my clients, I mean to my colleagues, um wrong What time is it? I'm a councilman now. Um so what I'm hearing is that we're not happy with the weights that are given we're not happy with the categories that are put forth I think the best thing we can do is reject the RFP send it back have it re prepared with the categories and criteria that we have just inunciated and score them and weight them
appropriately and then do it over I think perhaps legally fairly that's the best way to do it but I'm going to turn it back to you guys.
1:18:54 Vartan Gharpetian: thank you I have a question
from staff as far as range of services uh I know you
mentioned the the services that was you know put into the RFP but I think the services that is provide being
provided is what the community is asking for what the
community wanted or needed I mean that he he
developed a program to serve the immediate community of Glendale I mean I can come from you even La Crescenta
and and and or Burbank or come up with this elaborated uh fancy programs that may not work so the programs that we have even in Fremont the ones that we had or in in uh Shaw Canyon I'm sure uh that coach has developed a a different program that you know caters to Shaw Canyon uh tennis
courts I think we need to and they score the lowest on the program range of services basically that they provide and they're packed they have seniors uh they have schools they have all ages I don't know what other programs can be
provided there that it's not there currently and I think that's one of the and if you consider that CAT 2 and CAT 5 uh it would just flip the numbers because they they scored the lowest on uh external panel interview mhm same thing with the with the internal panel interview as far as the range of services and I don't know what was there what is there that they they're not providing because obviously this many
people being here at 3:00 uh you know on Tuesday it's a again it's a testament to the service that that their people are happy.
1:20:42 Elen Asatryan: Uh, I think this item is in front of us to make the determination um I don't want to go back to a new RFP. I have served on uh enough panels uh prior to my time on the council to also know that uh one point here and there um and how subjective some of these numbers
can be um while going through the process u can shift things around and um I think when you're looking at the difference between uh the numbers of just even like cat one uh 18.67 versus 17.33 if I was on that panel I would have probably scored given a much higher score to Larion just on that which would have again flipped the numbers um while it is not part of the RFP process uh there is something about uplifting our own within our community and I've talked
about that time and again. Um that um if anyone uh
whether it is a business whether it's a community group or organization um how we help our own um that are based in Glendale uh to not only gain continuous experience for them to grow uh and succeed in other areas uh there's nothing that makes me more proud than to see our very own um
organizations and and businesses uh flourish in in the
space that they're in uh while I recognize that's not part of the requirement I think this item is in front of us and I think it would be a waste of time both for staff for this council and for the community in general to go back to an RFP
process when the numbers are so close…um on some of
these uh that again if I was on the panel I would have rated them different so um I don't think the advertising uh should have been given the weight that it has um and I would
actually say that if you are looking at an advertising and marketing plan just the fact that um Mr. Khanlarian is from this community uh marketing and advertising isn't just
social media it's also how connected you are to a
community and sometimes word of mouth is much more
than any social media post that'll ever get you there so um I'll leave it at that.
1:23:18 Vartan Gharpetian: A quick question for city
attorney yes so option two the alternatives to staff
recommendations says council may consider rejecting
proposals submitted by one or both of their recommended vendors and directing staff to contract with another qualified proposals to operate one or both of the tennis locations why can't we go with option two?
1:23:38 Mr. Garcia: Um council member, Mr. Gharpetian it's an option as I as I hope I've articulated um it's one that you know there's concern with given the the scoring system in the RFP but um I'll leave it at that.
1:24:00 Vartan Gharpetian: Is anyone here from hard
eight?
Jessica Pratt: Hi everyone um hard eight, uh feels a little intimidating but my name is Jessica Pratt and my kids are in GUSD school systems here in city of Glendale uh I've been teaching as fit fun tennis in the community at Montros Park in Nibbi Park for the past three years we run programming from ages five all the way through adults we uh provide equipment to all those who need it um we have been uh
substantial a program within the community here and have built uh a really great following with the community and and wonderful word of mouth with our um with our kids and with our adults. I grew up in public parks I am a I'm a product of the public park court system um we did not come from a
country club background I spent some years at the country club and quickly realized that that was not for me and I needed to get back to my roots um being able to have
access to the tennis courts provided me with a chance to uh get out of a really sticky situation in East Hollywood uh and I was able to put myself through college. I played uh at Texas A&M got a scholarship played number one singles and
doubles there and then played professional tennis
afterwards uh before coming back to to LA to start uh
programming and um community tennis for the youth and for the adults in the area. Um and so I know that says hard eight inc and it looks like a big bad corporation but I am uh a person who runs a successful community program I have a staff of six instructors who all believe that tennis is for everyone this is their uh their second jobs they do it because they love to do it it's not how they put food on the table but they do it because they love teaching tennis and that's my number one criteria when I'm when I'm hiring is how do you feel about the game of tennis how do you feel about
spreading the word how do you feel about getting other
people involved in this great game because it has been so inclusive for so many years it's been so exclusive for so many years we have to bring the inclusivity back and I think that's incredibly important um I love what I do and um I I've I've you know I think that it's admirable that everyone is here on behalf of Vegan um I I think it's a fantastic job he's done so far I think one of the biggest things and one of the biggest questions that I got asked throughout the whole process is how do we open that up to even more how do we get even
more to come out and enjoy the safe space of a park
whether they're playing soccer whether they're playing
baseball this location is fantastic for that reason and one of the biggest things I proposed is let's get other contract instructors to partner and have a kids day and have stations of soccer of baseball of tennis it doesn't matter if they sign up for tennis but they've got to sign up for something so that is what I want to do I want to give people a safe space to enjoy their community surroundings thank you.
[No questions. Not a single one.]
1:27:06 Mayor Najarian: Okay um is council ready to make a motion.
1:27:14 Vartan Gharpetian: Um, yeah I- I- I'm ready to
make a motion for Gloria Park the alternative two-
Mayor Najarian: which is?
Vartan Gharpetian: Which is to- to- to- uh, select Mr. K for the for Glorietta park I'm okay with the free one park.
Elen Asatryan: I'll second that motion.
1:27:38 Mayor Najarian: I just want to go on the record, um, I may uh, I realize the support Vegan has uh it's not about Vegan it's about following the RFP laws. It's about
arbitrarily doing our scoring on the fly, eliminating
categories, adding categories that are not included in
the RFP. I don't believe it's fair to any of the other
proposers. I'm currently- I stood up against the Burbank Airport Commission two months ago on this issue uh they're currently in litigation I'm not saying that any of the other proposers are going to litigate but I think if you want to be fair we send this back redo the RFP but I can't support what we're doing now on the fly creating new categories being a local guy eliminating categories, advertising uh, range of services, daily operation plan, and saying that that scores uh enough for Vegan that being said there's been a motion uh there's been a second.
1:28:52 Vartan Gharpetian: uh we are not we're not
eliminating any of the categories but what I'm saying is there are options alternatives to staff recommendation and I'm choosing alternative two I'm not eliminating any of these and the decision is based on all the discussions that we had here it's not that I'm throwing everything uh out from the RFP there's there's there are three options and I'm choosing one of the options.
1:29:21 Ardy Kassakhian: And and the issue I have with
going through a renewed process is that everyone kind of put their best foot forward and I appreciate that um hard came to uh this meeting as well but to go and put this out again to an RFP and everyone has seen what everyone else has to say you know who knows how new entrances into this process are going to engage in the process to try and
undercut um uh uh uh the the people who had applied
initially. I mean my concerns are legitimate concerns right they're questions that are legitimate I'm not arbitrarily bringing these issues up we are the council that understands this city we understand the residents I I have some familiarity with the game of tennis and how they're used I I didn't even address the issue that was brought up by Listen if we want to talk about tennis we can talk about tennis for a long time uh council member Asatria knows this as well because she remembers when the courts by the library were eliminated by this council that was here at that time saying we were going to restore those courts and to this day they were not restored anywhere in this community you know it's again I it's not about you know uh hard it's not necessarily about Vegan or LA Tennis internal or anyone else that has applied or any of the others folks I think that we are making a sound decision I will support the motion that was made and um that's all I have to say about that.
1:30:56 Mayor Najarian: Um anything you have to say Mr.
Garcia I hate to play city attorney here but I really see violation of certain rules here.
1:30:59 Mr. Garcia: Rather than addressing that way uh I I I believe we've made our our our opinion on on the matter pretty clear um the recommendation would be um as you
suggested to go back and and reissue the RFP was revising the categories I think we've already put that on the record um I just and I just did want to just clarify though that uh the motion includes for Fremont Park the staff recommended. 1:31:29 Elen Asatryan: yes that was in Yeah council
members um I did state in my comments that um while I
noted the local element and all of that that that wasn't part of my decision-making process I spoke to specifically uh the categories that are in front of us uh when I was making the case and uh I recognize that it's become very serious and heated in this room so I'm going to close it off with something that hopefully makes things a little light uh when I did play tennis um uh it took about three three it took about three months uh for the coach to realize that like I I really I was awful at it and then he got upset at me one day um which forced me to switch my hand out of anger and then he
learned that I was a lefty versus a righty um and I had not disclosed that to him and so that's where my journey ended with with tennis but um I I don't think that we're adding anything that's not in front of us um with all due respect but um and I I don't want to waste additional time um going back for an RFP for the second one so I had already seconded the motion I just needed to clarify given additional comments that were made that's all.
Mr. Garcia: Yeah thank you. Mr. mayor the item also
includes a third motion to reject all other proposals so if the maker of the motion could just a friendly amendment to
modify Amen thank you.
1:32:51 Clerk: Roll call please council member Asatryan? Asatryan: yes
Clerk: Vartan Gharpetian?
Vartan Gharpetian: Yes.
Clerk: Kassakhian?
Kassakhian: yes.
Clerk: Mayor Najarian?
Mayor Najarian: Abstain. Thank you everyone you can clap now if you'd like [Applause]
[Mayor abstains.]
EXHIBIT 7
1 VERIFIED COMPLAINT
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
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27 28
THE MATEVOSYAN LAW FIRM
Arman Matevosyan, Esq. (State Bar No. 293832)
313 East Broadway #10086
Glendale, CA 91209
Telephone: (818) 480-0217
Email: [email protected]
Attorneys for Plaintiff VIGEN KHANLARIAN
THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
VIGEN KHANLARIAN, an individual,
Plaintiff,
vs.
CITY OF GLENDALE, a municipal entity;
and DOES 1 through 50, inclusive,
Defendants.
Case No.:
VERIFIED COMPLAINT FOR:
1. BREACH OF CONTRACT
2. BREACH OF THE COVENANT OF
GOOD FAITH AND FAIR
DEALING
3. SPECIFIC PERFORMANCE
4. UNJUST ENRICHMENT
5. FRAUD AND DECEIT -
INTENTIONAL
MISREPRESENTATION
6. NEGLIGENT
MISREPRESENTATION
7. INJUNCTION
8. DECLARATORY RELIEF
DEMAND FOR JURY TRIAL
RESERVED
EXHIBIT 8
1 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THE MATEVOSYAN LAW FIRM
Arman Matevosyan, Esq. (State Bar No. 293832)
313 East Broadway #10086
Glendale, CA 91209
Telephone: (818) 480-0217
Email: [email protected]
Attorneys for Plaintiff VIGEN KHANLARIAN
THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
VIGEN KHANLARIAN, an individual,
Plaintiff,
vs.
CITY OF GLENDALE, a municipal entity;
and DOES 1 through 50, inclusive,
Defendants.
Case No.:
PLAINTIFF VIGEN KHANLARIAN EX
PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE FOR
PRELIMINARY INJUNCTION;
MEMORANDUM OF POINTS AND
AUTHORITIES; SUPPORTING
DECLARATIONS
RESERVED