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HomeMy WebLinkAbout020259 RES - 04/05/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH ROBERT C. MAPES FOR THE OPERATION OF THE H. E. BUTT MUNICIPAL TENNIS CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Robert C. Mapes for the operation of the H. E. Butt Municipal Tennis Center in the annual amount of $31,608 effective January 1, 1988, through July 31, 1991, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: City Secretary THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: O7V/ DAY OF %2.9,QGf/ , 19V HAL GEORGE, CITY ATTORNEY By ss sta t City 4ttorney 206RP013.res 20259 M%CROFLLMED TENNIS PRO CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES (3/16/88) This Tennis Pro Contract (this "Contract") is entered into by and between the City of Corpus Christi, Texas, a municipal corporation with home rules powers (the "City"), and C. R. Mapes of Nueces County, Texas (the "Pro"): In consideration of the covenants, agreements and conditions herein contained, the City and Pro agree as follows: I. City does hereby contract with Pro as Tennis Professional at the H. E. Butt Municipal Tennis Center subject to all of the terms and conditions of this service contract for a period beginning on the execution of this contract and ending on July 31, 1991, unless sooner terminated. City shall pay Pro Two Thousand Six Hundred and Thirty -Four Dollars ($2,634) per month payable in semi-monthly payments of One Thousand Three Hundred and Seventeen Dollars ($1,317) each on the first and fifteenth days of each calendar month. Terms and conditions contained herein will be reviewed at the end of twelve (12) months for the purpose of determining benefits derived by both the City and the Pro in the continuation of this contract. It is expressly understood that Pro is an independent contractor and not a City employee and is not entitled to the benefits normally accorded to City employees. A. Pro shall be responsible for the operation of the H. E. Butt Tennis Center in conformity with the laws of the State of Texas and the ordinances, rules and regulations of the City of Corpus Christi. Operation of the H. E. Butt Tennis Center shall include the Pro Shop, restrooms, showers, locker area, and play on the tennis courts (the "tennis center"). Such operation shall be in strict accordance with any and all rules and regulations now in force that may hereafter be promulgated by the City Manager and/or the Director of Park and Recreation Department. B. Pro shall be experienced in the management, supervision, and operation of a tennis facility. The primary duty shall be to manage and control the administration and operation of the tennis center. C. Pro shall collect for and on behalf of the City all court fees, permit fees, locker fees, and other charges at the tennis center as established by the City Council. City is to receive five percent (5%) of the gross sales of the Pro Shop up to Fifty Thousand Dollars ($50,000) and an additional two and one-half percent (2-1/2%) over Fifty Thousand Dollars ($50,000), and an additional two and one-half percent (2-1/2%) over Seventy Thousand Dollars ($70,000) calculated on an annual basis. Gross sales is defined as the total sales less tax of the merchandise sales of the Pro Shop. Gross sales shall run concurrently with the fiscal year of the City of Corpus Christi. (3/16/88) Pro shall have the exclusive right to give tennis lessons. Said lessons must be accounted for in the same manner as other gross revenue from tennis center operations. Pro may authorize other individuals to give lessons, provided satisfactory arrangements are made for the use of courts. A minimum of eight courts shall be available to the public at all times. Pro shall pay the City five percent (5%) of the gross revenues of said lesson up to Fifty Thousand Dollars ($50,000) and an additional two and one-half percent (2-1/2%) over Fifty Thousand Dollars ($50,000), and an additional two and one-half percent (2-1/2%) over Seventy Thousand Dollars ($70,000) calculated on an annual basis. Gross revenues of said lessons and all revenue there from shall be accounted for in the same manner as prescribed for lessons given by Pro, assuring no revenues are lost by the City. The Pro is authorized to receive five percent (5%) of the gross revenues generated by court and permit fees over Thirty Thousand Dollars ($30,000) calculated on an annual basis. The City shall pay to Pro the amounts herein provided within thirty (30) days after the end of each calendar month hereof. City is to receive five percent (5%) of revenues generated by stringing, five percent (5%) of food and drink concession, and five percent (5%) of wholesales calculated on an annual basis. Pro shall deposit, on a daily basis, one hundred percent (100%) of all City revenues collected into the City's account with deposit slips provided by the Director of Park and Recreation. D. Pro shall be subject to an annual contract review prior to the end of each fiscal year. The purpose of the review is to determine actual level of revenues and expenditures and providing for renegotiation of compensation to the Pro in the event said financial projections are not realized. Based on negotiations the Pro projects revenues to the City in the amount of Forty Two Thousand and Five Hundred Dollars ($42,500) per year from fees and pro concessions. E. Pro shall, prior to March, 1989, submit a comprehensive plan detailing increases in revenues, or decreases in expenditures, or a combinations of the two that will result in a reduction of ten percent (10%) of the City's contribution to the 1988-89 H. E. Butt Tennis Center operating budget. F. Pro agrees to pay any and all assessments or taxes, however incurred, arising from the sale of merchandise or services pursuant to this contract, for sales or use taxes, ad valorem taxation, or federal income taxation. G. Pro shall keep strict and accurate books of account of all court fees, monthly rates and other charges collected by the tennis center and shall deposit all such fees, rates, charges and the cash register receipt tape, at daily intervals, and accompanied by a daily report in a manner as prescribed by the Director of Finance. Pro shall present a copy of the forms to be used for record keeping to the Director of Park and Recreation. All documentation relevant to gross receipts and sales including, but not limited to, invoices, sales checks or slips, cash register tapes, and counter information shall be retained for two years of the close of the City's fiscal year in which the transaction occurred. Accounting records, ledgers, journals, or reports shall be retained for five years from the date of last entry. The said books of account hereunder shall be open for inspection and audit at all times by the City. The City will provide monthly cash receipts and expenditure reports. -2- (3/16/88) H. Pro shall enforce all rules and regulations governing the playing of tennis; and all other activities including, but notlimited to, stand area and locker/restroom area, as may be conducted on the tennis center grounds. I. Except as may be required to perform the services contemplated by this contract and in accordance with City procurement procedures, Pro agrees that he will not purport to incur debts or obligations on behalf of the City for the tennis center. J. Pro shall furnish a good and sufficient fidelity bond in the sum of not less than Five Thousand Dollars ($5,000), with the surety thereon of a corporate surety duly licensed under the laws of the State of Texas to write fidelity bonds, to assure the payment to the City of all funds collected by the Pro on behalf of the City. K. Pro shall be responsible for and control the activities of his employees at the tennis center and shall take whatever action is necessary to insure that the employees conduct themselves in an orderly manner. Pro shall insure that the conduct of his employees is satisfactory and in keeping with the conduct required of City employees in general. Pro shall also insure that he and his employees are not permitted to imbibe intoxicating substances on the tennis center, or report to work under the influence of same. L. Pro shall endeavor to maintain and promote a continuing program to attract citizens and tourists, to encourage use of the tennis facilities, particularly weekday play, and shall maintain a minimum of five (5) rental tennis rackets for use by the public. City shall continue its promotional activities for the facility, including brochures and listings in departmental literature. M. Pro also agrees to adequately publicize tennis center rules, regulations, and court fees. N. Pro agrees that at his own costs and expenses, he will employ employees to assist him in conducting lessons, operate the Pro Shop, and to schedule courts, and that such employees shall be solely in the employ of Pro and shall never be considered employees of the City. The Pro agrees to employ personnel required to perform the services under this Contract. All such employees shall be covered by Workmen's Compensation insurance carried at the expense of Pro, who shall pay all salaries of all such employees. Such personnel shall not be employees of or have any contractual relationship with the City. All of the services required by this Contract will be performed by Pro, or under his supervision, and all personnel engaged in the work shall be fully qualified and authorized under State and local law to perform such services. None of the services shall be subcontracted without the prior written approval of the City. 0. Director of Park and Recreation shall establish the minimum hours of operation for the tennis center. of: II. For the duration of the term of this contract, the Pro shall manage the use -3- (3/16/88) A. The Pro Shop, the lounge area, and office (where some concessions are located). B. The furnishings and building which includes, but are not limited to, the locker/restroom area; other furniture, benches and equipment located at the tennis center, all owned by the City, as shown on Exhibit A. C. The equipment for the office at the tennis center and the Shop. This includes, but is not limited to, a cash register, basic supplies for reports due the City, including permits, paper, and stencils for league and other City -related work. City shall also furnish security equipment but Pro is to pay the monthly statement. City will further provide at least one (1) telephone and pay the utility charges for all utility services. It is understood and agreed that Pro will take good care of the personal property shown on the attached list as well as all fixtures at the tennis center and suffer no waste and will deliver the said property back to City at the expiration or other termination of this Contract in the same condition as the same was received, natural wear and tear excepted. IV. City agrees that it will not, while this Agreement is in force and effect, grant to any other person or organization, the privilege of selling at the tennis center any of the items at the Tennis Pro Shop, which are presently offered for sale, or to allow anyone to teach for compensation unless consented to by Pro. V. It is understood that the locker/restroom area and its equipment and furnishings are under the direct supervision of Pro and that all rentals therefrom shall be accounted for and paid to the City. City will furnish all sanitary and cleaning supplies necessary in keeping the premises clean and sanitary. VI. Pro agrees that he will make no alterations in the tennis center facilities without first having submitted plans for the intended alterations approved in writing by the Director of the Park and Recreation Department. VII. It is understood and agreed that the City is responsible for all maintenance, major and minor repairs. It is agreed that in no event shall Pro ever have or claim any damages against City for loss of income for failure of City to make any repairs. VIII. Pro shall be held responsible for the fair and just treatment of all his employees under his supervision. He shall insure that no employee or participant is discriminated against because of handicap, sex, race, color, creed, or national origin. -4- (3/16/88) IX. It is understood that electrical, gas and water services are available to the Pro Shop, lounge and locker rooms and that these services will be provided by the City at no cost. X. The City Manager, or his designated representative, may, upon forty-five (45) days advance written notice, terminate this Contract provided, however, the City Manager, or his designated representative, may immediately terminate this Contract if Pro's violation involves misappropriation of funds due the City, failure to produce financial or accounting documentation as required herein, or a serious or imminent danger to the public. Pro may terminate this contract if the Pro provides the City's Director of Park and Recreation forty-five (45) days advance notice. XI. Pro shall secure and maintain a commercial general liability insurance policy to include contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit. The City of Corpus Christi shall be named as an Additional Insured on the policy. A copy of the policy shall be submitted to the Director of Park and Recreation for approval prior to commencement of this contract. Pro is an independent contractor in the performance of this contract and not an employee or agent of the City of Corpus Christi. XII. The Pro agrees to indemnify and forever save harmless the City, its officers, agents, and employees for any and all lawsuits, claims, damages, liabilities, losses, and expenses (including court costs, attorney fees, and expert witness fees) for any injury to any person, or death, or damage to property which may arise, or which may be alleged to have arisen out of or in connection with the negligence of the Pro, his agents, employees, or independent contractors in the performance of this Contract. Pro shall not indemnify the City against the negligence attributable to the conduct of City employees unless such negligent conduct is directly attributable or the result of Pro's supervision. City shall be awarded its reasonable attorneys fees in addition to any court costs for the successful enforcement or defense of its rights under this Contract. XIII. The comprehensive general liability policy required for performance of this Contract shall name the City of Corpus Christi, its officers, employees and agents as additional insureds. Insurance carried by the Pro under this Contract is the primary coverage in case of loss or damage, and the City's insurance is excess and solely for damages or losses for which the City is solely responsible. XIV. As evidence of the insurance coverages required by this Contract and prior to execution of this Contract, the Pro shall furnish certificate of insurance to the Director of Park and Recreation. The Certificate will specify parties who are additional insureds and will indicate what endorsements are included and what exclusions are removed. -5- (3/16/88) XV. There shall not be any cancellation, material change, or intent not to renew of such insurance policies without thirty (30) days prior written notice to the Director of Park and Recreation Department. XVI Pro agrees to provide suitable signs at the Tennis Center Pro Shop advising the public that such business activity is operated by Pro as an independent contractor and not operated by City. XVII It is understood and agreed that this Contract is not assignable, and that the same will terminate upon the death of Pro, the inability of Pro to perform the duties hereunder for a period of sixty (60) days time, or a breach of the terms and conditions of this Contract. XVIII. Notices shall be given in writing by sending by first class mail, postage prepaid, as follows: TO CITY: Director of Park and Recreation City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 TO PRO: C. R. Mapes 754 Brock Corpus Christi, Texas 78412 or at such other address as each party may designate to the other in writing. WITNESS the hands of the parties hereto this the day . 198 . ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: , 1987: Tennis Pro, "Pro" Hal George, City Attorney By Assistant City Attorney -6- By �l �/` ti?— C. R. Mapes Corpus Christi, Texas 5T41 day of 10 , 19857 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero (WW --r Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 20259