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Item 10ACity of Southlake, Texas MEMORANDUM March 14, 2002 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approval of a Management Agreement with Stephen and Mia Poorman for management of the Southlake Tennis Center. Action Requested: City Council approval to enter into a management agreement with Stephen and Mia Poorman for operation of the Southlake Tennis Center, allowing the Contractor exclusive use of the two (2) northern courts in Bicentennial Park (on the "hill") Monday through Friday, 8:00 a.m. to 12:00 p.m.; and approving an increase in base court usage fees from $2.50 per person, to $3.00 per person. Background Information: In November 2000, City Council approved guidelines that were used to develop a Request for Proposal (RFP) from prospective contractors for management and operation of the Southlake Tennis Center (STC). RFPs were sent to or picked up by, ten prospective contractors that had expressed interest. The RFP was also advertised in the local newspaper as required by state law. Three (3) proposals were received by the deadline: (1) Stephen and Mia Poorman of Southlake; Stephen was former junior development director under previous contractor, and is currently contracted by the City as the head pro while under interim City management of facility. (2) Andrea Rains, contracted by City of Dallas for management and operation of L.B. Houston Tennis Center in Dallas. (3) Dino and Donnia Bondallian, dba Bondallian Tennis Inc.; operate and manage several tennis complexes associated with resort hotels in Hawaii. Each of the prospective contractors was interviewed in January by a panel consisting of Councilmembers Tom Stephen and Rex Potter, Park Board /SPDC member Bobby Rawls, NETT president Laurie Starks, and staff members Kevin Hugman and Steve Polasek. Following the interviews, Stephen and Mia Poorman were selected by the Director of Community Services to enter into contract negotiations based on the following: • The Southlake Tennis Center would be the sole focus of the Poormans. The other contractors indicated they would continue to operate their other facilities as well, dividing their attention with other properties. • The Poormans are residents of Southlake and have a strong desire to see the Tennis Center be successful. Billy Campbell, City Manager March 14, 2002 Page 2 • Stephen Poorman has established a successful reputation with STC customers, and has a strong base of support from the tennis community, which would be crucial in ensuring the success of the tennis center. • Stephen and Mia Poorman's experience and qualifications are well suited to operating and managing a tennis center. The interview panel concurred with the decision. Staff has negotiated a proposed management agreement with the Poormans. Significant points of the contract include: • Term of proposed agreement with the Poormans is for three (3) years, automatically renewable for successive one -year terms. Termination allowed for default conditions or no- default termination by either party with ninety (90) days written notice. • Contractor agrees to pay City a percentage of court usage fees associated with open play, lessons, leagues and drills. ( NOTE : The Poorman's pro - formas are based on an assumed increase in base court usage fees from $2.50 per person to $3.00 per person) • Makes the two tennis courts on the "hill" available for the Contractor's exclusive use Monday through Friday, 8:00 a.m. to noon. All remaining times, the courts will be available free to the general public for open play. • Allows for deferral of first three (3) months payments to City, the accrued payments to be paid on a pro -rated basis over the remaining nine months of the contract year. • Hours of operation to be determined by Contractor with approval of City. • Allows Contractor to close tennis center in event of inclement weather. • Requires Contractor to reserve two (2) courts at tennis center for open play at all times. • Allows Contractor to market facility patron cards if desired, that allow for advance reservation privileges. • Requires Contractor to submit weekly, monthly and annual reports on tennis center activities and revenues. • Allows for City to place a lien on the Contractor's property should Contractor default in payments to City. Financial Considerations: In future years, annual resurfacing of 3 -4 courts will begin, which is estimated to be $10,000 annually. Expected annual expenditures to the City will be approximately $43,000, with electric utilities being most of this cost ($33,000 per year). The Poormans have committed to work with the City to reduce electrical costs by stringently monitoring court lighting. Revenues received from the Contractor are estimated to be $ 6,260 in the first year, $ 7,710 in the second year, and $ 8,100 in the third year. This is based on a payment of 10% of gross receipts, less sales tax, from court usage fees to the City. (Two percent (2 %) of the sales tax collected will be returned to the City in General Fund, SPDC and Crime Control District revenues.) Billy Campbell, City Manager March 14, 2002 Page 3 Citizen Input/ Board Review: A panel of citizens assisted staff in the interview process. Numerous citizens have expressed support for Stephen and Mia Poorman to manage and operate the Southlake Tennis Center. (copies of e -mails attached). The Park Board considered this item at its March 11 meeting and recommended approval (5 -1) of the contract with the Poormans, recommended exclusive use of the courts on the hill as provided in the contract, and recommended an increase in court usage fees from $2.50 per person to $3.00 per person. Board member Stokdyk dissented, expressing concern with the exclusive use of the courts during the time period specified. Legal Review: The City Attorney is reviewing the management agreement. Alternatives: Input as desired. Supporting Documents: • Management Agreement, with bold /strikeout showing changes from previous contract with Mr. Joe Snailum. (Attachment A) • Summary table showing area city tennis centers operating revenues and expenditures. (Attachment B) • Southlake Tennis Center Proposal and resumes, submitted by Poormans (Attachment C) • Proposed Court Fees for lessons and programs, submitted by Poormans. (Attachment D) • Citizen communications in support of Poormans. (Attachment E) Staff Recommendation: City Council approval to enter into contract as proposed, with Stephen and Mia Poorman for management and operation of Southlake Tennis Center; allowing the Contractor exclusive use of the two (2) northern courts in Bicentennial Park (on the "hill") Monday through Friday, 8:00 a.m. to 12:00 p.m.; and approving an increase in base court usage fees from $2.50 per person, to $3.00 per person. Attachment A MANAGEMENT AGREEMENT THIS TENNIS CENTER MANAGEMENT AGREEMENT ( "Agreement ") is made between the City of Southlake, Texas ( "CITY "), a municipal corporation, and Stephen Poorman and Mia Gordon- Poorman ( "CONTRACTOR "). WHEREAS, CITY desires that CONTRACTOR manage the operation of the CITY'S tennis center; NOW, THEREFORE, CITY AND CONTRACTOR AGREE as follows: ARTICLE 1. DEFINITIONS Unless the context clearly indicates otherwise, in this Agreement: BEGINNING DATE means the date on which CITY gives CONTRACTOR written notice to begin management of the tennis center. EXPIRATION DATE means three (3) years after the beginning date or, if the Agreement is automatically renewed, as provided in Section 3.1, any annual anniversary of the original expiration date. FISCAL YEAR means the period beginning October 1 of any year and ending September 30 of the following year. TENNIS CENTER means the property and all improvements located on the Property, including, but not limited to the clubhouse and any other tennis courts the City may make available to the CONTRACTOR as provided herein. OPERATING ADVANCE ACCOUNT means an interest - bearing account maintained by CONTRACTOR for the deposit of funds received from customers for the operations of the tennis center. PROPERTY means the land on which the tennis center is located as indicated on the map attached as Exhibit A, at 450 W. Southlake Boulevard, Southlake, Texas. STANDARD COMPARABLE TO SPECIFIED TENNIS CENTERS IN THE REGION means a standard of operation comparable to the operation of moderately priced private tennis centers and the best municipal tennis centers in the region, including, but not limited to municipal tennis Billy Campbell, City Manager March 14, 2002 Page 5 centers in Fort Worth, Arlington, North Richland Hills, and the Bayard H. Friedman Tennis Center at Texas Christian University. "NON- LEAGUE OPEN PLAY" means any court usage other than lessons or leagues. "LEAGUE" means any regularly scheduled, organized team competition with a season of more than six weeks. ARTICLE 2. GENERAL REQUIREMENTS §2.1 Management of the tennis center. CITY hires CONTRACTOR to manage, supervise, and operate the tennis center in accordance with this Agreement. CITY delegates to CONTRACTOR the responsibility and authority to implement operating policies and charge court usage fees, both of which are subject to approval by CITY'S Council, and take other actions necessary to operate the tennis center in a manner that meets a standard comparable to specified tennis centers in the region. Other than court usage fees, all pricing associated with lessons, leagues, drills, camps, services, food and beverages, shall be at the discretion of the CONTRACTOR. §2.2 Independent contractor. CONTRACTOR is an independent contractor with respect to the CITY and nothing in this Agreement and its performance shall create the relationship of employer and employee. Nevertheless, CONTRACTOR agrees to seek advice from CITY and cooperate with CITY in his management of the tennis center. §2.3 Use of the property. CITY grants to CONTRACTOR the use and possession of the property during the term of this Agreement for the purposes of managing and operating the tennis center, subject to the rights of CITY under this Agreement. (a) In addition, City will make available to CONTRACTOR the two tennis courts located in Bicentennial Park near the water tower (the "hill ") for CONTRACTOR's exclusive use Mondav throuah Friday. 8:00 a.m. to 12:00 p.m. On occasion. CITY may make these courts available to CONTRACTOR for tournaments or other special events. §2.4 City's right to inspection. CITY and its representatives have the right at all reasonable times to enter upon and to examine and inspect the tennis center for any reason. In the event of a default, CITY has the right of access to the tennis center that is reasonably necessary to cause the proper maintenance of the tennis center. Billy Campbell, City Manager March 14, 2002 Page 6 ARTICLE 3. TERM §3.1 Term. The term of this Agreement is three (3) years, commencing on the beginning date, unless terminated earlier under one of the following provisions. This Agreement is automatically renewable for successive one -year terms, unless either party requests in writing at least 60 days before the expiration date, to renegotiate the terms of the Agreement. Nothing in this Article shall be construed as a limitation on either party's right to terminate this Agreement in accordance with Section 9.6 hereof. ARTICLE 4. RESPONSIBILITIES OF CONTRACTOR §4.1 Operation of the tennis center. In the management, supervision, and operation of the tennis center, CONTRACTOR shall: (a) operate the tennis center as a municipal tennis center, open to the general public without discrimination, subject to fees, rules, and policies approved by the CITY: (b) retain employees sufficient and necessary to assure operation of the tennis center at a standard comparable to specified tennis centers in the region; (c) maintain restrooms, showers, and locker rooms in a clean and sanitary condition at all times; (d) provide food and beverage service and sales, offering a variety of food; (e) operate a tennis pro shop, offering merchandise comparable to pro shops at specified tennis centers in the region, and maintain a annual average minimum of $ 15,000 worth, wholesale, of merchandise in stock in the pro shop. CONTRACTOR agrees to make reasonable efforts to stock items for in -line hockey and basketball. (f) CONTRACTOR will ensure that the staff is trained in providing customer service, and that staff is discrete and polite concerning complaints or concerns about the tennis center; (g) maintain the tennis center in a condition that is generally accepted in the tennis industry as safe; (h) maintain the courts and all elements of the tennis center in optimum playing condition, in accordance with a standard comparable to specified tennis centers in the region; Billy Campbell, City Manager March 14, 2002 Page 7 (i) maintain all personal property in good working order and replace items when necessary to operate the tennis center at a standard comparable to specified tennis centers in the region; (j) comply with all applicable government health, safety and environmental regulations; (k) operate the tennis center in an efficient and cost effective manner; and collect membership and court reservation fees in amounts approved by the CITY; (1) pay all operating expenses of the tennis center, except for those expenses which the CITY agrees herein to pay for (i) repairs, and (ii) water, sewer, electricity and natural gas expenses, which shall be paid by CITY. (m)provide a tennis professional with current membership in the USPTA, who is certified through the USPTA. The tennis professional and a sufficient number of CONTRACTOR's staff must maintain First Aid and CPR certification. , - - - Formatted: Bullets and Numbering of throe m Week #9M Q'fV1 to 12 99 r {e}LaLmaintain the Center with t f^ii^'^'iRg rpinimwn hours of operation= as approved in writina by the Director of Communitv Services. least Q nn n CONTRACTOR may be allowed to close or aartially close the tennis center for inclement weather (on -going rain or snow, temperatures below 40 F, or approaching severe weather such as tornadoes). The Center shall close not later than 10:00 p.m. on any day. CITY reserves the right to approve the closing of the tennis center at all times other than the At h. qmnpqq- as provided in this Agreement. (OLqLCONTRACTOR shall not permit alcohol sales or possession or consumption of -- - - j Formatted: Bullets and Numbering alcohol on the tennis center premises at any time or allow anyone who is intoxicated to play tennis. WjpLReserve #+Fee -(* two 2 Ltennis courts for nefie - open play at all times, except during sanctioned tournaments. GITV reserves the Fight t Gh this Billy Campbell, City Manager March 14, 2002 Page 8 requ to tole (2) or /41 tennis n Ur +s av ailable for n o n league o pen p r}A,n l eague open p T�ITc; C et n;#inn mill he made i n junG t i on with +he +he nn +h r ev i ew stipulated in Cen +inn 4 5 WL LCONTRACTOR agrees to schedule no more than nine tournaments per year, a maximum of four of which may be sanctioned tournaments utilizing the entire tennis center complex. Not more than two tournaments may be scheduled per month. (OLLRetain the physical condition necessary to perform the duties and responsibilities of the Agreement. CONTRACTOR a gree s to pro v i de no e +h,n 20 hnm-rs of n ice. +e lessens n ally n we ek . (4L!LNot cause to be placed any sign or advertisement upon the premises or upon the property of CITY without the prior written consent of the CITY. §4.2 Rules and policies. CONTRACTOR shall obtain CITY'S approval before implementing or changing clubhouse and ground rules or other policies affecting the public's use of the tennis center including changes to hours of operation CONTRACTOR agrees not to utilize the Property for any purpose other than for conducting tennis programs without the CITY'S prior written approval. §4.3 Promotion of tennis activities. (a) CONTRACTOR agrees to conduct a continuous program of advertising, public -- - - Formatted: Buuetsand Numbering relations, and promotional activities to assure that the tennis center has an appropriate and ongoing visual image and presence in print and communications media. )CONTRACTOR shall offer Southlake residents the opportunity to register early for all tennis activities. CONTRACTOR shall develop a marketing plan for promoting tennis play, activity, sales, concession, lessons, tournaments and leagues and submit the plan to the CITY within 90 days of occupancy. {a} (d) CONTRACTOR may market and sell patron facility cards that allow for open play reservation privileges, but shall ensure that Southlake residents who are Billy Campbell, City Manager March 14, 2002 Page 9 non -card holders, are afforded the opportunity to make open play court reservations prior to non - residents. §4.4 Tennis center personnel. CONTRACTOR shall recruit, interview, and hire the employees for the tennis -- - - Formatted: Bullets and Numbering center, including management, tennis professionals, food and beverage staff, child care providers, maintenance personnel, janitorial staff, and others determined by CONTRACTOR to be necessary for the operation of a facility comparable to specified tennis centers in the region. All personnel shall be employees of CONTRACTOR or independent sub - contractors of CONTRACTOR, and not employees of CITY. CONTRACTOR shall ensure that its employees have a professional appearance at all times, and that all employees shall wear neat appearing uniform shirts the eseI y's Rame displayed. , or nametags clearly identifying them as employees of tennis center. ¢;}}CONTRACTOR shall follow the CITY'S personnel policies with respect to hiring its employees, including the responsibility to conduct criminal background checks and pre - employment drug screenings. CONTRACTOR will provide results of such screenings to CITY. CITY will provide a copy of the CITY'S personnel policies to CONTRACTOR and arrange for CITY'S Director of Human Resources to review all applicable policies. §4.5 Operations review. Periodically, but not less than once a month, CONTRACTOR shall meet with -- - - Formatted: Buuetsand Numbering CITY staff and review its management, promotional activities, programs, finances, and policy recommendations concerning the tennis center. CITY s t a III -moo a s me rth er —te the Qii G 1RGil t„ G �-li te Rg the Rp. �7 ° cT yep ,--o �.,�� a;�.,,��„� GP8 FatiGRG , Rd the Qity Qe pp_il r s the Fight to --, nrd n FatiRg Pelinies a GpeR ploy G IG reified in Qonfinn 4 1 /n1 ka LLLCONTRACTOR shall keep CITY fully informed of all tennis center management activities and operations and shall provide the weekly, monthly and Billy Campbell, City Manager March 14, 2002 Page 10 annual reports similar to, and containing the information specified, as those in Exhibit B. §4.6 Licenses, bonds and permits. CONTRACTOR shall obtain all licenses and permits required by governmental entities for activities conducted at the tennis center. CONTRACTOR shall obtain and maintain a fidelity bond issued min an amount and form acceptable to the CITY. ARTICLE 5. CONSIDERATION §5.1 Amounts due to city. On or before the fif eenth+h tenth day of each month, beginning with the first month following the beginning date of the Agreement, CONTRACTOR shall pay CITY , drills, league play, and Gamps. fr„", the „f ` r )oms the fees as stipulated below. A $25 fee will be charged for any checks returned from CONTRACTOR'S bank for insufficient funds. A five percent (5% ) late fee will be charged if payments are not made to CITY within five (5) days of the due date. (a) Year 1 of contract: 10 % of gross receipts, less sales tax, from all court usage -- - - Formatted: Buuetsand Numbering fees. CONTRACTOR shall be allowed to defer actual payment of CITY's earned receipts for first three (3) months, however, these accrued payments shall become due and payable on a pro -rated basis durinq the remaining nine (9) months of the contract year. (b) Year 2 of contract: 10% of gross receipts, less sales tax, from all court usage fees. (c) Year 3, and any subsequent years of contract: 10% of gross receipts, less sales tax, from all court usage fees. {,* (d) In the event City chooses to seek a rulinq from the State Comptroller regarding the collection of sales tax on court usage fees, and in the event the State Comptroller rules that sales taxes do not need to be collected on court usage fees, Contractor agrees to pay City 15% of gross receipts from court usage fees in Year 1, and 20% of gross receipts from court usage fees in subsequent years. Billy Campbell, City Manager March 14, 2002 Page 11 §5.2 Management fee due to contractor. As consideration and compensation for the management, operation and supervision of the tennis center, CONTRACTOR shall receive, and is authorized to withdraw from the account described in Section 6.1 below, all gross revenues less and except only the sums due to CITY under Section 5.1 above. ARTICLE 6. FINANCES §6.1 Deposit of revenues. All revenues from the operation of the tennis center shall be deposited daily into an account established for that purpose. §6.2 Fees and charges. Fees to be charged for tennis activities at the tennis center will be determined -- - - I Formatted: Buuetsand Numbering each year during the budget process. CITY and CONTRACTOR agree that fees should be sufficient to pay operating expenses °^c' Mahe debt Gar r mart but also be competitive with fees at other public tennis centers in the region. Court membership ,r„4 usage fees_ and membership or patron facility card fees, if used, must be approved by CITY. Prices charged for lessons, drills, camps, services, food, beverages, and merchandise shall be determined by CONTRACTOR. All patrons of the tennis center shall be charged ferfeed, Mere diise, and — according to a published schedule of fees and charges, and any complementary food, merchandise, or services shall be documented. cl CONTRACTOR or CONTRACTOR's emplovees shall not waive anv court usage fees which would lessen the gross revenue that would otherwise be derived from the operation of the Tennis Center, unless with the written consent of the Director of Community Services. §6.3 City's payment of certain expenses. CITY shall be responsible for, and pay for all necessary repairs to the actual physical conditions of the tennis center, including without limitation, the tennis courts, light poles, exterior of the tennis pro shop (including all structural aspects such as the foundation, walls, roof, etc.), lawns, parking, sidewalks, seating, landscaping and plumbing, electrical, heating, ventilating and air conditioning, and natural gas systems and fixtures. CITY shall also perform court resurfacing, and necessary replacement of nets, windscreens, and lights Billy Campbell, City Manager March 14, 2002 Page 12 due to ordinary wear and tear. All other maintenance responsibilities shall be CONTRACTOR's responsibility. §6.4 Contractor's responsibility for furnishings and equipment. CONTRACTOR shall provide all necessary equipment and furnishings for the operation of the tennis center, including, but not limited to, office furniture and supplies, pro shop inventory and display racks, racquet stringing equipment, ball machines, etc. §6.5 Facility improvements. Any improvements or modifications to the tennis center that are of a permanent nature or installed as fixtures to the tennis center, shall become the property of the CITY. CITY approval is required prior to any modifications or improvements to the tennis center. §6.6 Annual operating budget. (a) pea IR eaGh of bsegi eRt year of th A gFee M eRt , CONTRACTOR shall submit a pFeliMir,ar„ ro osed budget considerations h„ , � to the Affino�f t +h �p p �� g � --I p�r— Director of Community Services by April 1 of each year for review of potential impact to the City's operating budget and capital improvements budget The fi„ ^I r G &e d E)PeFatiRg budget fer the 61IDGE)M f year shall be sub-mitted- net later thaR july 45-, (b)(;QNTRAGTQR shall prepare the prepesed budget O R a fp_rmat that prejeGtq - - - Formatted: Bullets and Numbering ohlo F aRge of ran+on+ial vnli imoc ARTICLE 7. ACCOUNTING, REPORTS, AND AUDITS §7.1 Accounting records. CONTRACTOR shall maintain efficient and accurate accounting records in accordance with generally accepted accounting principles in a format consistent with other public tennis centers. §7.2 M onthly reports. Billy Campbell, City Manager March 14, 2002 Page 13 (a) CONTRACTOR shall prepare daily and weekly reports showinq the amounts, total -- - - Formatted: Buuetsand Numbering and types of revenues collected at the Tennis Center. { }LLLOn or before the 4510th day of each month, CONTRACTOR shall submit to CITY a financial statement showing in detail the gross revenues and operating expenses of the preceding month and the fiscal year to date. including the weekly reports for the preceding month as required by 7.2(a) above. The QQNITRAQTQR fur the menfh §7.3 Annual audit repent financial review Within 90 days after the close of each fiscal year of the CITY, CONTRACTOR shall submit to CITY an audit Fepe financial review certified by a certified public accountant, covering the specific financial condition and performance of the tennis center. The a�dot financial review must span the fiscal year then ended. CITY reserves the right to require a full audit, certified by a certified public accountant, should there be reason to believe an audit is warranted. If the report does not contain an "unqualified opinion," CITY may take such steps as it determines are necessary to obtain an unqualified opinion. CITY may terminate this Agreement if @R CONTRACTOR fails to provide an unqualified opinion fails 4e prGv 120 days of the end of a fiscal year. §7.4 CITY'S right to inspect and audit. CITY has the right to inspect the books, records, invoices, deposits, sales slips, canceled checks, and other financial data or transactions of CONTRACTOR's operation of the tennis center at reasonable times during normal business hours. CITY also has the right to select an independent accounting firm to audit the books and records of the operation of the tennis center. §7.5 Location of records. All f °nn;° ^°nfor r°^^rds CONTRACTOR shall keep all tennis center records on -site at the tennis center and periodically relocate them to the CITY'S off -site records storage facility. §7.6 Fiduciary relationship. CONTRACTOR has a fiduciary duty to CITY in its operation of the tennis center, which includes, but is not limited to, the obligation to faithfully make an accounting and report to CITY and to make all payments to CITY in accordance with this Agreement. Billy Campbell, City Manager March 14, 2002 Page 14 ARTICLE 8. INDEMNITY AND INSURANCE §8.1 Indemnity By Contractor. CONTRACTOR ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND AGREES TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF A PERSON OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THE WORK AND SERVICES DESCRIBED HEREUNDER OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE MANAGEMENT, SUPERVISION, AND OPERATION OF THE TENNIS CENTER UNDER THIS AGREEMENT, INCLUDING THE WORK, SERVICES, OPERATIONS AND LEGAL DUTIES OF CONTRACTOR, HIS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, OR LICENSEES, IF ANY. IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF CONTRACTOR AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. §8.2 Insurance . PF9ViGi9RG Gf SeGtOGR 4.1(R), QQNTRAGTQR shall require suh- te Garry 661 {;}CONTRACTOR shall obtain public liability insurance of the types and in the amounts -- - - Formatted: Buuetsand Numbering set forth below from an underwriter licensed to do business in the State of Texas. CONTRACTOR shall furnish to CITY certificates of insurance or copies of the policies, evidencing the required insurance on or before the beginning date of this Agreement. CONTRACTOR agrees to submit new certificates or policies to CITY at least 30 days Billy Campbell, City Manager March 14, 2002 Page 15 before the expiration date of the previous certificates or policies. The insurance shall be the following types in amounts not less than the indicated amounts: (1) Worker's Compensation and Statutory Employer's Liability or acceptable alternative. (2) Comprehensive General (Public) Bodily injury: Liability (or its equivalent), including $ 500,000 each person but not limited to the following: $1,000,000 each occurrence (i) premises /operations and (ii) independent contractors Property damage: (iii) personal injury $ 250,000 per occurrence (iv) products /completed operations or $1,000,000 combined single limit for bodily injury and property damage. (3) Fidelity insurance covering Amount sufficient to protect all employees and officers the loss of the largest dollar having access to money collected. amount in the control or possession of an employee at any time, but not less than $125,000 or such other amount determined by CITY. (4) Property insurance for physical Coverage for minimum of damage to the property of 100% of the fair market value CONTRACTOR located at the of the property. Tennis Center. Billy Campbell, City Manager March 14, 2002 Page 16 (5) Automobile liability, including Bodily injury: coverage for the following: $ 500,000 each person $1,000,000 each occurrence (i) owned /leased automobiles and (ii) non -owned automobiles Property damage: (iii) hired cars $ 250,000 per occurrence $1,000,000 combined single limit for bodily injury and property damage. {�LLLOn all insurance required in Subsections (a) and (b), CONTRACTOR shall require -- - - Formatted: Bullets and Numbering that the insurance provider: (1) name CITY its officers and employees as an additional insured; (2) provide a waiver of subrogation in favor of CITY; and (3) provide 30 days' written notice to CITY of any material change to or cancellation of the insurance. U:i9 Is] 4APM9 :1 U LVA I I L1 UVA I IQ L1I §9.1 For default. CITY may terminate this Agreement in accordance with this article for a default by CONTRACTOR. §9.2 What constitutes a default. The following events constitute a default by CONTRACTOR: (a) a breach of the fiduciary obligations of CONTRACTOR under Sections 5.1, 5.2, and 7.6 of this Agreement; (b) filing by CONTRACTOR of a voluntary petition for protection under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under federal bankruptcy laws within 30 days after filing; (c) a discontinuance by CONTRACTOR of its business or abandonment of its activities at the tennis center; (d) the inability of CONTRACTOR to provide an unqualified opinion in the annual audit report in accordance with article 7; or (e) a failure of CONTRACTOR to perform his duties under this Agreement. Billy Campbell, City Manager March 14, 2002 Page 17 (f) The commission by CONTRACTOR or any of CONTRACTOR's employees of a felony or crime of moral turpitude if the CITY, in its sole discretion, reasonably believes that CONTRACTOR or CONTRACTOR's employee committed the act (regardless of whether convicted) and that the act could, on becoming public knowledge, impair the public's confidence or trust in CONTRACTOR or the personnel at the tennis center or in the operation of city government in general. §9.3 Correction. CONTRACTOR shall have 30 days after written notice from CITY specifying the nature of a default under Section 9.2(e) or Section 9.2(f) because of the commission of an offense by an employee of CONTRACTOR, to correct the default (including without limitation, terminating an employee who causes a default of the agreement under Section 9.2(f) by committing a felony or crime of moral turpitude). If the default is of such a nature that it cannot be corrected within 30 days, CONTRACTOR shall have additional time as may be reasonably necessary to correct the default so long as CONTRACTOR diligently pursues the correction. §9.4 Election to terminate. CITY may elect to terminate this Agreement pursuant to this article by giving written notice of default to CONTRACTOR. If the default is under Section 9.2(a), (b), (c), or (d), or is under Section 9.2(f) because of the commission of an offense by CONTRACTOR, this agreement shall terminate immediately upon delivery of written notice from CITY to CONTRACTOR of its election to terminate the agreement. If the default is under Section 9.2(e) or is under Section 9.2(f) because of the commission of an offense by an employee of CONTRACTOR, this Agreement shall terminate upon expiration of the correction period if correction has not been made pursuant to Section 9.3, and CITY delivers to CONTRACTOR notice of its election to terminate the Agreement. §9.5 Remedy for certain defaults. If CONTRACTOR defaults under Section 9.2(a), CONTRACTOR shall pay all amounts due CITY under the terms of this Agreement and in addition, pay all costs, damages, expenses, and reasonable attorneys' fees incurred by CITY as a result of the default and in pursuing its remedy. §9.6 Lien. CITY has, at all times, a valid security interest to secure payment of all fees and other sums of money becoming due under this Agreement from CONTRACTOR and to secure payment of any damages or loss that CITY may suffer by reason of CONTRACTOR s breaching any covenant, agreement, or condition contained in this Agreement. The security interest covers all goods, wares, equipment, fixtures, furniture, and other personal property of CONTRACTOR that Billy Campbell, City Manager March 14, 2002 Page 18 is now on the Property or placed on the Property at some later date, and all proceeds from them. This property may not be removed from the premises without CITY s consent until all arrearages in fees and all other sums of money then due the CITY under this Agreement have been paid and discharged, and all the covenants, agreements, and conditions of this lease have been fully complied with and performed by CONTRACTOR. If CONTRACTOR is in default, CITY may, in addition to any other remedies provided in this Agreement or by law, after giving reasonable notice of the intent to take possession and giving an opportunity for a hearing on the issue, enter on the Property and take possession of any goods, wares, equipment, fixtures, furniture, and other personal property of CONTRACTOR situated on the premises, without liability for trespass or conversion, and sell the property at public or private sale, with or without having the property at the sale, after giving CONTRACTOR reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made. CITY or its assigns may buy any items to be sold at such a sale unless they are prohibited from doing so by law. Unless otherwise provided by law, and without excluding any other manner of giving CONTRACTOR reasonable notice, the reasonable notice requirement is met if notice is given at least ten (10) days before the time of sale. The proceeds from any such disposition, less any expenses connected with taking possession, holding, and selling the property (including reasonable attorney's fees and other expenses), will be applied as a credit against the indebtedness secured by the security interest granted in this section. Any surplus will be paid to CONTRACTOR or as otherwise required by law, and CONTRACTOR will pay any deficiencies immediately. When City requests, CONTRACTOR will execute and deliver to CITY a financing statement in sufficient form to perfect CITY =s security interest in the property and proceeds under the provisions of the Business and Commerce Code in force in Texas. §9.7 Other termination. Either party may terminate this Agreement upon a minimum of {48 ninety (90) days written notice to the other party. Neither party shall assign this agreement without the prior written consent of the other party. ARTICLE 11. NOTICES Billy Campbell, City Manager March 14, 2002 Page 19 All notices to the parties shall be in writing and shall be sent by certified mail, return receipt requested, to the addressees and addresses specified below: All notices to CONTRACTOR shall be sent to: All notices to CITY shall be sent to: City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 I !1:49M4:5 E; .1y4111w!1►1xi1W9 §12.1 Non - Waiver. This Agreement shall not be construed against the drafting party. § 12.2 Attorneys Fees. If CITY or CONTRACTOR is a prevailing party in any legal proceeding brought under or with relation to this Agreement, such party shall be entitled to recover from the non - prevailing party all costs of such proceeding and reasonable attorneys fees. § 12.3 No Waiver. No waiver of any breach of any term or condition of this Agreement shall be construed to waive any subsequent breach of the same or any other term or condition of this Agreement. ARTICLE 13. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable as applied in a particular case for any reason, those circumstances shall not have the effect of rendering the provision invalid or unenforceable in any other case. The invalidity of one or more phrases, sentences, clauses, or sections in this Agreement shall not affect the remaining portions of the Agreement. U: i9M ElW0i1ky/:11:1011►CO2IFATA Billy Campbell, City Manager March 14, 2002 Page 20 This Agreement shall be governed by and construed under the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. ►il:4VQR:mi6 ,M:11►11111 V WiTC] V A:11 8 d:1►Nr This agreement constitutes the entire agreement between the parties and neither of the parties shall be bound by any promises, representations or agreements except as expressly set forth in this Agreement. 039191111:11111111 31►U71►1WGINK W114 This Agreement shall be binding upon the parties, their heirs, executors, administrators, devisees, legatees, trustees, successors, and assigns. EXECUTED this day of , 2801 2002 CITY OF SOUTHLAKE, TEXAS By: Mayor ATTEST City Secretary CONTRACTOR Stephen Poorman Mia Gordon - Poorman Exhibit A Southlake Tennis Center Location Map 500 0 500 1000 1500 2000 Feet W E Exhibit B L. B. HOUSTON DAILY REPORT DATI =_ DAY WEATHER COURT FEES N COURTS REVENUE NON -PRIME SINGLES KEYS ADVANCE RESERVATION KEY #6 _ NON -PRIME DOUBLES KEY #4 TOURNAMENT INCOME KEY #7 PRIME 71ME SINGLES KEY #3 LEAGUES INCOME KEY #8 PRIME TIME DOUBLES KEY #2 Z TAPE TOTAL _ MINUS O. RING $1 PAY COURTS KEY #1 ADJUSTED INCOME _ TOTAL REVENUE TOTAL SALES _ COURT RENTAL: N COURTS REVENUE TOTAL TAXABLE NP REGULAR COURTS TOTAL NON - TAXABLE NP LESSON COURTS NIC TAX NP LEAGUE COURTS TOTAL REVENUE NP TOURN. COURTS OVERISHORT PT REGULAR COURTS PT LESSON COURTS #1 CONCESSIONS: .50 LESSON COURTS _NIA_ _NIA_ COKE KEY #17 - PT LEAGUE COURTS PT TOURN. COURTS FOOD AND DRINK KEY #18 . TOTAL COURTS TOTAL CONCESSIONS LESSONS: ATTENDANCE: BALL MACHINE KEY #9 LESSON INCOME KEY #10 NON -PRIME TIME TOTAL LESSONS PRIME TIME MERCHANDISE: LESSON & CLINIC CLOTHING ACC. KEY #11 CLOTHING KEY 912 LEAGUE NON -PRIME STRING KEY #13 RACKET ACC. KEY #14 LEAGUE PRIME RACKETS KEY #15 OTHER MERCH- KEY #19 TOURNAMENT NON -PRIME BALLS KEY #20 TOURNAMENT PRIME TIME MERCHANDISE TOTAL COUPON LBHDAILYR. W B1 TOTAL ATTENDANCE Wee 1 We- Tennis Center: L.8.Houston Main C opy Date: 2.1-02 To 2 -3-02 _ Org: 5285 Tenni Revenue MON TUE WED THUR :F RI -1 S AT -2 0 SUN_ -3 0 WK TOTA CITY REV TOTAL MON TOTAL YR No -Prime Ti me -7225 0 0 0 0 0 0 0 D 0 Prime Ti - 7226 Lea gue Ct. Fees -7201 Tourn CL Fees-720 Lesso Ct- Fees - 72 .. - - TO REVE 0 0 0 0 0 0 0 0 0 0 0 0 - 0 0 - 9 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 9 0 0 0 0 0 0 0 0 - _ 0 0 0 - 0 - O - _ 0! 0 _ l) 0 0 0 0 D 0 0 MON :TUE U WED THUR FRI SAT _ SUN -- WK IOTA - - TOTAL MO T OTAL Y -- -... - City Waived Coupon - -- 01 - 0 0 0 - 0 - 0 ° 0 0, 0 0 0 0 MON 0 _ 0 0 0 Oi 0 0 0 COURT RE NTAL TUE WED THUR FRI SAT SUN WK 70TA tOTAL MO T OTAL YR Non - Prime Reg. C ourts Non -P rime Lesson Courts Non - Prime Leagu C ou r ts Non - Prime Tourna Cts Prime Time R eg. C ourts _ . _ Pri $1 Le sson Courts 50 Cents Lesson Co urts - League Cou -- - its Prime Tourna Cour TOTAL A CO URTS 0 0 0 0 0 0, 0i, 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . _ 0 0 0 D 0 0 0 0 0 0 0; 0 0 0 0 0 0 0 0 - 0 - 0; 0 0 - 0 0 0 0 - _.. 0 NIA 0 0 N!A 0 0 - 0 N _. 0_- 0 0 N 9 - 0 0 NIA 0 0 0 NIA _.. O 0 D 0 0 0 0 0 ' -- 0 0 0 0 0 9 M 0 0 0 0 0 D 0 0 0 DAI GRO SS Leagu Income M TUE $0.00 WED THUR FRI SAT S WK TOTA TOTAL MO TOTAL YR $0.0 $0.00 $0.00 $0.00 $0 -00 $D.00 _ $DAD __ $0.00 To urnament I ncom e _$0. $0 -00 $0.00 $0.00 $0.00 $0.00 $0.00 _ $0.00 $O.OD $0 .00 $0.00 Lesson Inc $0.00 $0.00 $O.DO $0.00 $0.00 Moo $O.tl $0.00 _ $D -00 $0.00 $0.00 _$0.00 $0.09 $0.00 $0.00 $0.00 $DAO $0.00 $OAO $0.00 $0.00 $0 .00 $0.00 Merc handise Sal $0.00 $0.00 Food/Drink Sales $0.00 $0.00 i $0.00 $ $0.00 Advance Reservation $0. 00 $0.0 $0.00 - $0.00 $0.00 $0.00 $0.00 $0.00 _ $0.00 $0. 00 ! AT TENDA NCE M _N TUE WED THUR FRI SAT SUN D 0 WK TOTA TOTAL MOI TOTAL YR Non -prime Time Prim Time Lesson 8 C linic League Non - Prime Leagu Prime T ournament No -Prime 0 - - 0 04 0 0 0 0, 0' 0 i 0 0 0 0 - _ 0 0 0 0 0 0 0 0 0_ 0 0 0 0 0 0 0 0 0 - 0 0 0 - 0 0 0, 0 0' D 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Tournam Prime 0 0 0 D 0 0 0 0 0 0 Coupon 0 0 0! 0 0 0 0 0 0 TOT ATTEN 0 9 0 0 0 0 0 0 0 _ Pro Manager Q' to J�,5 N � n v�o m i4 e W CD C � � w N � n w w TOT FOR WE E_ K 02101/02-02103162 KEY Key 1 LS. Ct. Fee TOTAL WEEK TOTAL MONTH TOTALYEAR 0 0 - -- 0 0 Key 2 PrimeDb - - - 0 0 0 Key 3 P rimeSingles Key 4 N- PrimeDbls. 0 0 0 0 0 - 0 Key 5 N- PrimeS 0 D 0 Key 6 Adv. Res. 0 0 0 Key 7 Tourn In 0.00 0 .00 0.00 0.00 - 0.00 0.00 Key 8 League income Key 9 Ball Ma chine 0.00 0 00 _ 0.00 Key 10 Les Inc. 0-00 0.0D 0 00 Total Lessons 0.00 0.00 0.00 K ey 11 Cloth Acc 0.00 0.00 0.00 Key 12 Clothing 0.00 - ___ 0.00 _ 0.00 - ...._ - - Key 13 S tring -- - Key 14 Ric. Acc. 0.00 - 0.00 0. 0.00 _ - 0.00 Key 15 Rackets key 16 0.0 -- D.OD 0 0 .00 -- - 0 Key 19 Other Marc. 0.00 0.00 0.00 Key 20 Balls 0.90 0.00 - 0 -00 Total Merc. 0.00 0.00 0.00 Key 17 Coke 0.00 0. 00 0.00 0.00 Key 1 8 Food & Dri Total Conce ssions 0.00 0.00 0.00 0.00 D.00 Total Sales 0.00 0.00 0.00 0.00 Total Tax 0.00 0. 00 Total N- Taxable 0 .00 0.00 0.00 Tax 0.00 0.00 0.00 To tai Revenue 0.00 0.00 0.00 m i4 e W CD C � � w N � n w w Sheetl LBH Monthly Jan. '02 Feb.'02 Mm.'02 - April '02__ May'02 June '02 Jul '02 A ug . '02 Sept. '02 Oct. '02 Nov. '02 Dec.'02 TOW Year 0 Key 1 Ls.Cf.Fe Key 2 Prime D 0 Key 3 Prime S. 0 Key 4 N Pri D 0 Kjyy 5 �NPri k 0 Key 6 Adv. Res, 0 Key Tour. Inc 0 Key 8 Leag,,In 0 Key 9 Ball Mch 0 Ke 10 Lsn ln�c Total Lessons 0 Key 11 CIO, Ac Kg 12 Clothing 0 Key 13 String 0 Key 14 Rac Ac Key 15 Racket 0 Key 16 0 Key 19 Otr Mer ---- 0 -- Key 20 Balls Total Merch. 0 Key 17 Coke Key 18 W .0 Total Concess. 0 Total Sales Total 0 Total N Taxable 0 Tax 0 -------- 0 jfli Re venue 7y IM � 5 n Page 1 Billy Campbell, City Manager March 14, 2002 Page 26 Attachment B DFW Area Tennis Center Survey Information March 2, 2002 City How many public Number of courts Does the city What were the What were the total Net Costs tennis centers do (lighted /unlighted) operate the tennis total revenues for expenditures for the you have in your at each? center or is it FY 2000101? (If tennis center(s)? (If city? Does it under a more than one more than one tennis include a pro management tennis center, center, please list shop building? contract? please list expenditures for each revenues for each separately if possible) separately if a. Utilities; b. possible) Staffing (including contract employees); c. Maintenance and Operations; d. Capital Improvements; e. Other Arlington 1 including Pro 20 lighted City $285,000 $323,000 ($38,000) Shop a. $27,000 b. $223,000 c. $73,000 d. $1.5 million e. $0 Colleyville 1 6lighted City /Contract $16,000 a. Unknown NIA b. 80% of all programs c. $750 d. $0 e. $0 Fort Worth 1 including Pro 14 lighted outdoor Contract $1,000 $26,500 ($25,500) Shop 2 indoor Covers partial utilities, repairs, and facility needs. Haltom City None 3 lighted City None Standard maintenance NIA costs Billy Campbell, City Manager March 14, 2002 Page 28 "Projected fiscal year 2001/02 figures extrapolated out over the full year. Hurst 1 including Pro 10 lighted City $78,237.43 $152,219.83 ($73,982.40) Shop a. Unknown b. $130,419.83 c. $21,800 d. $0 e. $0 Plano 1 including Pro 21 lighted Contract $155,725 $151,953 $3,772 Shop North Richland 1 including Pro 16 lighted City $230 (99100) $358 (99100) ($128 Hills Shop $268 (00101) $393,161 (00101) ($125,161) Richardson 1 including Pro 10 lighted City $77,500 $154,000 ($76,500) Shop Terrell 1 including Pro 6 lighted City Unavailable $35 NIA Shop a. $5 b. None C. $5,000 d. $25,000 e. $0 Southlake 1 including Pro 13 lighted Contract /City $145,000** $200,100** ($55,100) Shop a. $33,000 b. $149,000 c. $18,100 d. $0 e. $0 "Projected fiscal year 2001/02 figures extrapolated out over the full year. Attachment C Southlake Tennis Center Proposal Vision for Southlake • Establish the Southlake Tennis Center as the premiere tennis facility in Tarrant County • Meet the high expectations of Southlake residents at a public facility • Unique opportunity to blend "country club service" with community access • Provide extensive programming for adults, juniors and families • Create junior travel team for local players • Bring professional level tournaments to Southlake Experience • Both Mia and Stephen have 15 years of involvement in the tennis community • Both played college tennis at Claremont -Mc Kenna College • Stephen has an exemplary reputation in Dallas/Fort Worth as a player and coach • Mia has extensive management experience, in both retail and small business • Both have strong contacts in the business and tennis community in Texas and nationally Combination of Skills • Contract requires a management team to divide tennis programming/management duties • Focus on professionalism in management and programming • Stephen has superior teaching skills to coach both students and other pros • Stephen played professionally and has contacts with the ATP, USTA and college coaches • Mia has been a general manager and a business consultant with an MBA from SMU • Level of service commitment requires two people meet expectations Community Commitment • Relocated family to Southlake in January, 2001 • This is the only tennis facility we intend to run • We have strong community support for current programming • Integrate tennis programming into Southlake Community Services • Offer lessons and programming for mentally and physically challenged players • Hold non- tennis events for families, such as dances and carnivals • Coordinate tennis programming with local schools through USA Tennis Economic Issues • Risk/reward nature of independent contractor • Research independent contractors in Texas • Court lighting expense • Competitive market for tennis professionals Billy Campbell, City Manager March 14, 2002 Page 30 Strategic Plan Vision/Mission Statement • To establish the Southlake Tennis Center as the premiere tennis facility in Tarrant County and one of the top public facilities in Texas by providing superior tennis programming and events to serve adult and junior tennis players. • To offer events to adults and juniors that maximize the use of the facility and serve the needs of the community at large. • To serve the community at large through on -going charitable events and programming for physically and mentally challenged players. • To offer programs that focus on the unique aspects of tennis, including good sportsmanship, respect for self and others, self - reliance, discipline, physical fitness, teamwork, and a sense of accomplishment. • To develop tennis professionals who understand the importance of excellent service and who work to improve the self - esteem of players through teaching the sport. • To manage a staff and pro shop that provides superior customer service through on -going training and management. Programming Development Objectives • Introduce tennis as "the sport of a lifetime" to as many adults and janiors as possible. • Provide lessons and drills for adults and juniors to enhance their enjoyment of the game. • Support organized play in the form of leagues and teams to foster teamwork and competitive fun • Sponsor tournaments, social activities, and festivals to provide competition, fun, and opportunities for families to play together. • Take an active role in the community by sponsoring events that enhance the reputation of the City of Southlake. -2- Billy Campbell, City Manager March 14, 2002 Page 31 STEPHEN H. POORIVIAN 220 Canyon Lake Dr. Southlake, TX 76092 (817) 442 -9842 (Voice Mail), (817) 690 -6284 (Cell) roxylN4..mindspring.eom EDUCATION Claremont M.c Kenna College, Claremont, CA Bachelor of Arts in Psychology and French, May 1984 PROFESSIONAL EXPERIENCE Southlake Tennis Center, Southlake, TX 09199- Present Director of Junior DeveloymentlHead Tennis Professional • Developed junior program at Tennis Center to include approximately 300 students at all levels • Coached USA Team Tennis team to regional championships in San Antonio, team awarded Team Sportsmanship Award • Administered all aspects of junior program, including bookkeeping, advertising, marketing and training of pros • Ran NETT Travel Team, supervising workouts for top area juniors Canyon Creek Country Club, Richardson, TX 04196 -09199 Assistant Tennis Professional • Substantially increased private lesson revenue for program • Coached men's and women s league teams • To Director for Texas Open, a national junior tournament • Coached ranked juniors in program, several now competing at college level • Initiated and ran activities, including Adult Camps for over 50 participants and Pro -Am events Los Rios Country Club, P1ano,.TX 10195 -04196 Assistant Tennis Professional • Started junior program, including clinics • Ran men's program, initiating clinics for competitive teams • Started Adult Camps for over 30 participants in first year • Taught private lessons, substantially increasing lesson revenue for program Del Norte Club, Sacramento, CA 05194 -10195 Director of Tennis • Responsible for adult and junior programs, including tournaments, clinics, social events and private lessons • Increased private lesson revenue by 1000% • Grew tennis program to 11 teams in interclub and USTA leagues • Started junior program to include 6 teams and over 150 students • Supervised 5 pros at a nine court Facility • Managed pro shop Billy Campbell, City Manager March 14, 2002 Page 32 Arden Hills Country Club, Carmichael, CA 04109 -05194 Assistant Tennis Professional • Worked with nationally known USTA Junior Development Coach Doug Atkinson • Assisted in top junior program in area and USTA Training Center • Doubled private lesson revenue, developed adult men's program with clinics and team workouts California State University, Sacramento, CA 09188 -05190 Assistant Tennis Coach • Coached and traveled with men's and women's Division 11 Varsity Tennis Teams. • Ran women's team workouts, coaching women's team to first win over Division I school Gold River Racquet Club, Gold River, CA 05187 -04 -90 Assistant Tennis Professional PLAYING EXPERIENCE Played in Huggy Bear Invitational Charity Tournament in Southampton, NY, since 1986 Consolation Winner, 1999 Qualified for Champions Pro Tour Event at Four Seasons, 1999 Ranked 41, Texas Men's 35 Singles, 1996 -1997 Ranked 92, USPTA National Men's 35 Doubles, 1996 Won Sportsmanship Award, USPTA Tournament, 1996 Achieved ATP Doubles Ranking, I987 NCAA Division III National Team Championship, 1980, All America 1979 -1981 TENNIS EDUCATION USPTA Certified Professional Level 1 since 1988 Attended USPTA Conventions 1989 -1997 Designated Coach, USTA Junior Training Center, 1990 -1994 ATP Satellite Circuit, 1984 -1989 Tournament Director, Southlake Shootout Pro Tennis Tournament, 2000 Fundraising Director, Arthur Ashe Foundation Event, 1993 Fundraiser, Sacramento Capitals Team Tennis, 1990 -1994 Volunteer Coach, NJTL Program, 1990 -1992 References Available Upon Request Billy Campbell, City Manager March 14, 2002 Page 33 MIA GORDON- POORMAN 220 Canyon lake Dr. Soutblake, TX 76092 (817) 442 -9062 m gordonp(u7 m indspringxom EDUCATION Southern Methodist university, Dallas, TX Master of Business Administration, May 1999, GPA 3.8. Business Dean's Scholarship, Vice - President of Women in Business Club, OB /HR Club, Marketing Club. Claremont Me Kenna College, Claremont, CA Bachelor of Arts, Philosophy and Literature, May 1981, Honors in Literature. PROFESSIONAL EXPERIENCE MGP Consulting, Southlake, TX 2000- Present Management Consultant • Provide customer analysis reports for clients. • Analyze business plans and advise on strategic issues. ■ Advise venture capital partner on business strategy of newly acquired firm. Westgate/Payne, Grand Prairie, TX 1998 -1999 Consultant,'Director of Marketing • Created financial analysis of current product lines, and developed financial projections with sensitivity analysis for key projects. • Analyzed marketing strategies for trimming business and presented recommendations to management team and board of directors. Suggestions resulted in potential $50,000 savings. • Designed marketing strategy, including product rationalization, sales strategy, and customer segmentation. Evaluated competitive environment and provided detailed inventory analysis. Target Systems, Inc., Irving, TX 1995 -1997 Consultant • Provided strategic needs assessment and customized training programs for retail clients with revenues of up to $100 million. Identified significant client issues and developed, revised, and implemented sales and management training programs, resulting in significant improvement inclose ratios. • Designed and implemented on -going management training programs with cl ient management teams, customizing process to individual client needs. Created and team taught Leadership School training for owners and general managers. Rubenstein's Etban Allen, Sacramento, CA 1994 -1995 Store Manager • Managed hiring, training and on -going development of sales staff of 12 designers with annual sales of $6 million. • Created training program for sales and support staff, including customer service department, resulting in a decrease in service complaints of 20 %. Billy Campbell, City Manager March 14, 2002 Page 34 La -Z-Boy Furniture Galleries, Citrus Heights, CA 1989 -1994 General Manager • Managed overall development of 50 employees in four retail locations with annual sales of $6 million. Created advertising campaign, increasing customer traffic by 10% while reducing expenses by 35 %. • Developed all management personnel, including warehouse manager, accounting staff and store managers. Sales and Merchandise Manager 1989 -1993 • Developed sales management program, including performance objectives, for sales staff. Improved returning customer percentage by 25 %. Inaugurated recruiting and hiring system, personnel policies and human resources department. • Implemented sales and manager training program, increasing close ratio by 25 %. Increased inventory turns 30% and decreased average inventory level by 15 %. Presented product - training program for sales staff. ACTIVITIES Consulting Project for Dallas Catholic Charities Business Volunteers for the Arts organizing committee Arthur Ashe Foundation fundraiser Tournament Director - American Cancer Society Tennis Pro Tournament, Southlake, TX References available upon request Billy Campbell, City Manager March 14, 2002 Page 35 Attachment D Court Fees Type of Lesson One Hour Private Lesson Half Hour Private Lesson One Hour Private Lesson One Hour Private Lesson One Hour Private Lesson # of Players Court Fee 1 $ 3.00 1 $ 1.50 2 $ 6.00 3 $ 9.00 4 $ 12.00 Group Lesson Group Lesson Junior Program Pee Wees Junior Aces Beginners /Adv. Beg ZAT /Champs 6 $ 12.00 8 $ 12.00 $ 5.00 a month $ 10.00 a month $ 15.00 a month $ 15.00 a month Billy Campbell, City Manager March 14, 2002 Page 36 Attachment E Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:30 PM To: 'SLake4@aol.00m' Cc: Kevin Hugman Subject: RE: Stephen Poorman for the STC Ms. Watts, Thank you for sending us your comments. We sincerely appreciate your interest in the Southlake Tennis Center. As you requested, I will forward your comments tot he City Council and also to our Community Services Director Kevin Hugman. Mr. Hugman can update you on our progress to date and provide information on where we are in the process. Kim Bush, Acting City Secretary City of Southlake - - - -- Original Message---- - From: SLake4 @aol.com [mailto:SLake49aol.00m] Sent: Wednesday, February 13, 2002 9:40 AM To: KBush @dtyofsouthlake.com Subject: Stephen Poorman for the STC Hi Karen: I am a tennis player who has played out of the Southlake Tennis Center (STC) ever since it's been open. I am writing you to tell you that I think so much of Stephen Poorman as a tennis Pro and as a person. He shows great excitement teaching and managing out of the STC. I know that Stephen's heart is in the STC. He is great with the kids programs, and with the kids. He is available to drill adults, in which he does a great job! I have learned so much from him, and he makes tennis fun. Also, in the past he has been eager to bring tournaments, etc, to the center, which have been very exciting to watch. I believe that it would be a mistake to loose Stephen Poorman. Please do your best to make it work for him Please forward this e-mail to the city Council members and the Mayor. Judy Watts Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:29 PM To: 'Puggymom@aol.corri Cc: Kevin Hugman Subject: RE: Tennis Center Ms. Wobbeking, Thank you for sending us your comments. We sincerely appreciate your interest in the Southlake Tennis Center. As you requested, I will forward your comments tot he City Council and also to our Community Services Director Kevin Hugman. Mr. Hugman can update you on our progress to date and provide information on where we are in the process. Kim Bush, Acting City Secretary City of Southlake ----- Original Message - - - -- Billy Campbell, City Manager March 14, 2002 Page 37 From: Puggymom @aol.com [mailto:Puggymom @ aol.com] Sent: Wednesday, February 13, 2002 9:52 AM To: KBush @cityofsouthlake.com Subject: Re: Tennis Center Dear Sirs: Regarding tennis Center It has come to my attention that there is a strong feeling that the City Council is leaning towards requiring the Poorman's to turn over 50% of the court fees. If we (as an SL Resident) are not willing to budge on this issue, I believe the Poormans will walk away from the tennis center, and frankly, I don't blame them, since Joe could not make it work with handing in only 25 %. This would be ashame! I would like to voice my opinion to the City Council and Mayor, so please forward this to all city council members and the Mayor. I have been very patient, but I don't think I can remain mute on this any longer being a tennis player. Please, get the job done. This has gone on to long and has become an Embarrassment to the City of Southlake! Just so you get my point, I am behind the Porrman's taking over and starting to run the Center to its fullest potential. Sincerely, Sally Wobbeking Thanks! Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:28 PM To: Kevin Hugman Subject: FW: Tennis Center - - - -- Original Message ----- Fromi Robyn Readicker [mailto:RReadicker @attbi.com] Sent: Wednesday, February 13, 2002 1:32 PM To: KBush @cityofsouthlake.com Cc: JODI DANSEREAU; KRISTI McGUIRE; SHARON PEEK; SUZY LUNDEEN; WENDY REZNIK; SAM POWELL; ROBYN READICKER; ROBIN AHEARN; LISA ALEXANDER; LAURA SUAREZ; JANIE SHOPPA; 3ACKIE REILY; DEBBIE FARRAR; CHRISTINE M[GOWAN; BJ LANDERS; MISSY TENNISON; LAURIE STARKS; STEVEN STC POORMAN Subject: Tennis Center As a patron of the Tennis Center I have been very patient while the city has attempted to determine how they want to manage that property. Six months is well- beyond enough time to get this resolved. It is embarrassing to know that tax dollars were spent to create such a wonderful facility yet the city leaders can't make a decision as to how to manage it. There are not too many businesses that would remain in operation if they were run in a similar fashion. Please consider this as a request to expedite the decision making process and to not delay the contract signing any further. In reviewing your business models, please spend some time understanding what income has been lost over the last 6 months as well as what is at risk for the future. If the last employee could not make a profit with court fee contributions at 25% how could you expect someone else to attempt to make it by raising the contribution to 50 %? If this truly is the issue that will become a deal breaker, than please reconsider what the city's objectives are. Billy Campbell, City Manager March 14, 2002 Page 38 The last thing Southlake needs is to have a first class facility with second class management. Steven Poorman has shown his commitment to the city and a strong desire to make the tennis center a professional environment. If you thought the tennis community was vocal before, wait until you loose Steven Poorman as a potential contractor. Please resolve the issues that are preventing the city and Mr. Poorman from getting the tennis center back as a premier facility. Please forward this to all city council members. Sincerely, Robyn Readicker 817 -329 -5570 (home) 817455 -2888 (mobile) Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:26 PM To: 'Laura Glass' Cc: Kevin Hugman Subject: RE. Tennis Center Ms. Glass, Thank you for sending us your comments_ We sincerely appreciate your interest in the Southlake Tennis Center. As you requested, I will forward your comments tot he City Council and also to our Community Services Director Kevin Hugman. Mr. Hugman can update you on our progress to date and provide information on where we are in the process. Kim Bush, Acting City Secretary City o/ Southlake - - - -- Original Message---- - from: Laura Glass [mailto:l.glass @verizon.net] Sent: Thursday, February 14, 2002 8:01 AM To: KBush@cityofsouthlake.com Subject: Tennis Center Kim Bush, My name Is Laura Glass. I am a resident of Southlake. I have lived here for four years and watched the tennis center being built and seen the coming and goings of tennis pros. Steve Poorman has done an excellent job over at the tennis center. I have a son that plays high school tennis, a son that plays special Olympics tennis and I play on three leagues out of STC- It is time the City hired a professional at STC and I would like for that to be Steve Poorman. Please persuade the City to come to an agreement on fees and such so that the residents can continue to enjoy great junior programs and adult leagues professionally run by Steve. We are all watching closely now to see Tat some good decisions are made. I live in Southlake and pay very high taxes so that my family can enjoy excellent programs. Thank you very much and please forward this e-mail to all concerned. Laura Glass Billy Campbell, City Manager March 14, 2002 Page 39 Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:24 PM To: Kevin Hagman Subject: FW, Poorman contract - - -- Original Message---- - From: Ellen Hull [mailto:hullellen @hotmail_wrn] Sent: Thursday, February 14, 2002 8:34 AM To: KBush @cityofsouthlake.com Subject: Poorman contract Dear Ms. Bush. I know I represent the voice of the tennis community when say that we are appalled by the drawn out negotiations with Stephen Poorman - and that requiring him to turn over 50% of his proceeds to the city, twice as much as you required of Snailum - is clearly unfair and destructive to the Tennis Center and our community as a wholell Please understand that if Poorman is allowed to run this center on his terms with his expertise and the talents of those he's gathering around him, the city will be better off financially in the long run by virtue of the fact that the center will be humming with business and enthusiastic tennis fans who will gladly patronize all programs and events that come from that leadership. I plead with the City Council to settle this issue quickly and allow the Poorman's to prove themselves - spring is upon us and we want to enjoy the center as it was intended to be enjoyed - Stephen Poorman will see to it! Thank you. Please forward my comments to the City Council for their review. Ellen Hull 817 - 481 -7857 MSN Photos is the easiest way to share and print your photos: http:llphotos. m sn.comisu pportlwoddwide.aspx Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:22 PM To: 'dgcrawf @dellepro.com' Cc: Kevin Hugman Subject: RE: POORMANS CONTRACT Thank you for sending us your comments. We sincerely appreciate your interest in the Southlake Tennis Center. As you requested, I will forward your comments tot he City Council and also to our Community Services Director Kevin Hugman. Mr. Hugman can update you on our progress to date and provide information on where we are in the process. Kim Bush, Acting City Secretary City of Southlake - - -- Original Message---- - From: dgcrawf@dellepro.com [mailto:dgcrawf @dellepro.wm] Sent: Friday, February 15, 2002 1:22 PM To: KSush @cityofsouthlake.com Subject: POORMANS CONTRACT Billy Campbell, City Manager March 14, 2002 Page 40 50% OF THE COURT FEES IS REALLY STEEP. i HOPE YOU DON'T LET THE POORMANS SLIP AWAY. THE LAST GUY COULD NOT RUN THE CENTER CINDER HIS CONDITIONS, NON THE LESS THESE. PLEASE RETHINK THIS ISSUE. I GO TO THE COURTS AND DRILL AND PLAY BECAUSE OF HIM. I HAVE MANY OTHER CHOICES. HE DESERVES TO MAKE AS MUCH AS HE CAN IN FEES IT IS HIS PROFESSIONALISM AND PERSONALITY WHICH BRING US THERE. I DON'T THINK I WILL PATRONIZE THE FACILITY AS MUCH IF THIS IS NOT DEALT WITH IN A FAIR WAY. I HAVE 3 TEAMS OUT OF THE CENTER AND WE ALL FEEL THE SAME. WE WILL RESEARCH OUR OTHER ALTERNATIVES. WE ARE TIRED OF A CENTER WITHOUT STABILITY AND CHARACTER. STACY CRAWFORD- SOUTHLAKE TENNIS PLAYER AND CITIZEN. Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:20 PM To: 'AS HD IC KEY @aol.com' Cc: Kevin Hugman Subject: RE: (no subject) Ms. Dickey Thank you for sending us your comments. We sincerely appreciate your interest in the Southlake Tennis Center. 1 am forwarding your comments to Community Services Director Kevin Hugman for a response. Kim Bush, Acting City Secretary City of Southfake - - - -- Original Message---- - From: ASHDICKEYgaol.com [mallto:ASHDICKEYgaoLcom) Sent: Saturday, February 16, 2002 8:13 AM To: KBUSH @cityofsouthlake.eom Subject: (no subject) To whom it may concern As a very active Nett Southlake tennis player and frequent visitor to the Southlake Tennis Center I wanted to veice my ccncems about the city's demand for reimbursement for 50% of the court fees which are currently being negotiated The Tennis center is such a wonderful facility and under the direction of the Poorman's, who are familiar with the tennis community here, it will thrive. However, a 50% request for court fees and rental reimhursement of the facility is not feasible. The former head pro had a hard enough time with 25% court fee reimbursement so now does 50% Seem fair. Please reconsider your stand in this issue as I speak for many in the tennis community. We, as I'm sure you do, want to see this center continue to maintain it's high standards and produce great tennis! Sincerely, Ashley Dickey Southlake Resident Billy Campbell, City Manager March 14, 2002 Page 41 Kevin Hugman From: Kim Bush Sent: Sunday, February 17, 2002 12:18 PM To: 'Landerscln @aol.com' Cc: Kevin Hugman Subject: RE: Southlake Tennis Center 13J Landers, Thank you for sending us your comments. We sincerely appreciate your interest in the Southlake Tennis Center. As you requested, I will forward your comments tot he City Council and also to our Community Services Director Kevin Hugman. Mr. Hugman can update you on our progress to date and provide information on where we are in the process. Kim Bush, Acting City Secretary City of Southfake - - - -- Original Message-. From: Landerscln @aol.com [mailto:Landerscln @aol.coml Sent: Saturday, February 16, 2002 2:36 PM To: KBush@cityofsouthlake.com Ca: rreadicker@attbi.com Subject: Southlake Tennis Center am forwarding a letter I wrote in December for your attention. Thanks Billy Campbell, City Manager March 14, 2002 Page 42 Kevin Hugman From: Rebecca Petty [rtpottyl @charter.netj Sent: Wednesday, January 16, 2002 2:31 PM To: khugman @cityofsouthlake.com Subject: Tennis Center Dear Mr. Hugman, A fellow tennis player told me you are accepting letters regarding the tennis center contractor. Back in September three friends and I began taking a weekly group lesson with Stephen Pcorman. We have also attended drop -in drills and my daughter is loving her time in the junior development program. We have all found Stephen to be a patient, effective, enthusiastic, and even entertaining teacher. Not only has our ability Improved, our love for the game has grown as well. Our city is fortunate to have an opportunity to enter into a contract with a person with whom we are familiar. Stephen would bring much needed continuity and stability to the center. While I am sure that Stephen's credentials and performance speak for themselves, I wanted you to also have a "customer's" personal point of view. Sincerely, Rebecca Petty 613 Northwood Trail Southlake, Texas 76092 817- 424 -4200 Kevin Hugman From: Ddd6409 @aol.com Sent: Wednesday, January 16, 2002 8:12 AM To: khugman@cl.south lake. tx.Lis Subject: tennis_S.Poormar January 14, 2002 bear Mr. Hughl My husband and I have been thrilled taking lessons from Stephen Poormon. We would like to see him take over the tennis center. He lives here in Southlake, and is a positive and professional tennis pro. I have dhlled with Stephen when there have been 15 people on the courts, he knows how to keep us all moving and has a great ability for teaching all levels. Stephen is warm and friendly, and goes all out when working on the courts. We have never been so satisfied, as with Stephen. We know that he will not let any of us dawn, or the City of Southlake, Having Stephen living here in Southlake, is in the best interest of the Tennis Center. He is a GREAT, and WONbERFUL Tennis Pro and will we an asset to the Tennis Center. Thanks for your attention to this matter. bebbie Doran Billy Campbell, City Manager March 14, 2002 Page 43 Kevin Hugman From: Bill Palmquist [chrisdanbill @msn.com] Sent: Tuesday, November 13, 2001 9;16 PM To: khugman @ci.southlake.tx.us Subject: tennis 6805 Orchard Dr_ Flower Mound, TX 75022 817- 430 -0282 November 13, 2001 Mr. Kevin Hugman, Director of Community Services City of Southlake 400 N. White Chapel Southlake, TX 76092 Dear Mr. Hugman I have an eleven - year -old son in the Junior Development Program at Southlake Tennis Center. I understand that you are seeking an independent contractor to run the center. I do not understand the processes of selection; I simply write to you today regarding the character of an individual involved with the center. In today's world, it is most difficult to find a noble mentor for our children- someone who has integrity and treats children with respect and dignity so that a child learns to naturally raise his eyes and heart to a finer way to behave, to speak, to learn, to aspire, to do one's duty. Steven Poorman is such a man. To me, modeling and teaching good character is primary; teaching tennis is secondary. And yet, Mr. Poorman is superior in both areas. My son's paying ability is significantly increasing under Mr. Poorman's tutelage and he is learning the genti €esse of good sportmanship. Mr. Poorman is helping my husband and me to raise our son to be an honorable gentleman and a true athlete. I humbly ask you to consider Mr. Poorman's future at the Center. Character counts and our youth need exemplars. Stephen Poorman's reputation of integrity reaches far. I drive from Flower Mound because of what I have heard about him. And all of it is true. Sincerely, Mrs. Chris Palmquist Get more from the Web. FREE MSN Explorer download : tt xplorer.msn.cogL Billy Campbell, City Manager March 14, 2002 Page 44 Kevin Hugman Fro m: Shawnice Pollard [txrunner@earthlink. net] Sent: Thursday, October 11, 2001 12:12 PM To: khugmanaci. south Iake.tx.us Subject: Southlake Tennis Center Dear Mr. Hugman, I hope you can stand yet another letter regarding the Southlake Tennis Center. However, I am concerned about the impending changes to the center and am prompted to write. As a recipient of numerous hours of various sports coaching, I believe the lessons and level of service provided by the current tennis staffta be exemplary. Mr. Stephen Poorman, Mr. Chris Redman and Mr. Jonathan Phillips have exhibited notable business professionalism under the adversity of this interim period. In short, we like them. I hope you will strongly consider the qualities of these tennis professionals in any future plans for the Southlake Tennis Center. Their commitment to excellence would be your link to the "premier tennis facility" that we all desire as tennis enthusiasts. Sincerely, Shawnice J. Pollard Kevin Hugman From: Sandra LeGrand Sent: Thursday, October 11, 2001 11:30 AM To: Kevin Hugman Subject: FW: Tennis Center Kevin, wanted you to be aware of this e-mail that I received for Councilmembers. Sandy - - - -- Original Message---- - From: Maureen Cramer [maiEto:mdcramerl4 @home.com] Sent: Thursday, October 11, 2001 9:58 AM To: slegrandLMcityofsouthlake.com Subject: Tennis Center encourage your council to make the correct decision in regards to the Tennis Center. My family and I recently moved to Southlake and joined the tennis center. We never heard from the person running the center, he never gave us information on leagues, and half the time they don't realize we are members. For the five hundred dollars a year, I wish Southlake would take more interest in the leagues and with organizing the leagues. must say you have a great tennis facility and great courts and it will be a great tennis center with the city's help. Thank You, Maureen Cramer Billy Campbell, City Manager March 14, 2002 Page 45 December 21, 2001 Southlake City Council Members Southlake City Hall 667 North Carroll Ave Southlake, TX 76092 Dear Southlake City Council Members, I am writing In regards to the Southlake Tennis Center. The town of Southlake has built a wonderful facility that I know you are all committed to making it a success. Southlake is a great community where families enjoy a multitude of activities and the addition of the Center only compliments the many other aspects we now enjoy. The tennis center has the potential to incorporate many varied programs involving the social, physical and mental aspects of both adults and juniors. Imagine our teens having a fun Friday night in this safe environment. The possibilities are endless. However, tennis is not a moneymaking entity. As research shows, successful community tennis centers' income is supplemented by the town, as are other public facilities. The most important facet to a successful program is the team running the facility. Many tennis professionals come and go, lacking the maturity to maintain a facility. I tee[ strongly that Stephen and Mia Poorman would make an excellent team for Southlake Tennis Center. They are already Committed to the Southlake community, having moved their family to a home in Lake Crest, joining Whites Chapel United Methodist Church, the MOMS League and other community programs. They are both experienced individuals in the tennis arena and have great ideas for utilizing the Tennis Center for many varied programs, introducing tennis to all ages and ability levels and adding social functions as well. They both have already survived the turbulent beginning of the Center and continue to be committed to its' success. Please, do not lose these quality individuals and lower the standards that the citizens of Southlake deserve. Please don't make the Southlake Tennis Center an elitist environment by adding extra expenses. Please realize the advantages that a quality facility has for ALL citizens, both old and young, and how important the Poormans' commitment to our community would be for everyone involved. Sincerely, BJ Landers Billy Campbell, City Manager March 14, 2002 Page 46 QWN David W. Hess 1315 Bentley CL -- Southlake, TX 76092 Email: carpedemtlh@cs.com November 21. 2001 Kevin Hugman Community Services Director 400 N. White Chapel Blvd. Southlake, TX 76092 Dear Mr. Hugman, In reference to my recent phone message, I want to express my enthusiastic support for Stephen and Mia Poorman in their efforts to manage the Southlake Tennis Center. My wife and I have resided in Southlake for the past seven years, and have two sons, ages 10 and 6. From what I have observed, Stephen seems to be an excellent candidate, having been a part of the Center since its beginnings, and currently serving as the Director of Tennis. Though I cannot directly testify to their administrative skills, I have seen no shortage of experience and dedication directed toward the junior students. My youngest, Calton, attended two weeks of "pee wee" instruction this past summer, and is currently enrolled in a program this Fall. The patience offered, age appropriate handling, and emphasis on fun and safety has resulted in a great introduction to the sport. We plan to have our oldest continue to take lessons also as our schedules allow. In conversations with some of the other patrons, I have heard numerous comments praising Stephen's skills, attitude, and influence on their positive experiences in drills and league play. Another positive endorsement comes from our neighbor, Sandy Schwan. You may know that she has been dedicated to the sport on many levels, and her experience in all areas likely exceeds that of anyone in the city. Sandy has told me that she was impressed with Mia when working with her on a tournament, and has glowing comments about Stephen's instructional abilities. To best serve the interests of the community, it would pay off to give the Poormans the shot they deserve. I hope that in reviewing the bids and the financial bottom line, serious consideration will be given to the proven dedication already in place. Please pass this on to all of those involved in this decision process. Sincerely, David W. Hess