HomeMy WebLinkAbout022148 ORD - 01/24/1995ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HI8 DESIGNEE,
TO EXECUTE A THREE YEAR PROFESSIONAL SERVICES
CONTRACT WITH SUSAN SHELBY TORRANCE FOR TENNIS
OPERATIONS AT THE AL KRUSE MUNICIPAL TENNIS
CENTER.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is hereby
authorized to execute a three (3) year professional services
contract with Susan Shelby Torrance for tennis operations at the Al
Kruse Municipal Tennis Center, a copy of which is on file with the
City Secretary.
AG5000.625
022148 N11LA
TENNIS PRO CONTRACT
Susan Shelby Torrance
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Tennis Pro Contract (this "Contract") is entered into by and between the City of
Corpus Christi, Texas, a municipal corporation with home rule power (the "City"), and Susan
Shelby Torrance of Nueces County, Texas (the "Pro").
In consideration of the covenants, agreements and conditions herein contained, the City
and Pro agree as follows:
I.
TERM
City does hereby contract with Pro as Tennis Professional at the Al Kruse Municipal
Tennis Center subject to all of the terms and conditions of this service Contract. The term of
this Contract shall be for a period of three (3) years, effective upon execution, unless sooner
terminated and extending from month to month upon the same terms and conditions as set out
herein until a new contract is agreed upon.
H.
MONTHLY PRO FEE
City shall pay Pro Two Thousand Seven Hundred and Fifty Four Dollars ($2,754) per month
payable in monthly payments on the first of each calendar month. For any fee due after fiscal
year 1994-1995, the monthly pro fee shall be subject to appropriation by City Council in the
applicable fiscal year budget.
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.
III.
PRO RESPONSIBILITIES
A. Pro shall be responsible for operating Al Kruse Municipal Tennis Center (the
"Facility") in conformity with the laws of the State of Texas and the ordinances, rules and
regulations of the City of Corpus Christi.
B. Pro shall be experienced in the management, supervision, and operation of a
tennis facility. The Pro shall have and maintain a class 1 rating from the United States
Professional Tennis Association. The primary duty shall be to manage and control the
administration and operation of the Facility.
A02730.022.h
1
C. Pro shall adequately publish and enforce all rules and regulations governing the
playing of tennis; and all other activities, as may be conducted at Facility.
D. Pro and any of her employees who ever handle cash or credit cards shall each
furnish a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, with
a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds shall be
kept in effect for the entire term of this Contract and any holdover period. These bonds are to
assure payment to the City of all City Revenue collected by Pro and her employees on behalf
of the City and the prompt payment of five (5 %) percent of Pro Revenue to which the City is
entitled.
E. Pro agrees that City will conduct an investigation of Pro's and all Pro employees's
background at City's expense. A release authorizing the background investigations shall be
required from the Pro and Pro employees. City shall terminate this contract if the City finds
a felony conviction, convictions for crime of moral turpitude, or conviction for any drug
offenses. Pro shall terminate any of Pro's employees for the same causes.
F. Pro, at her expense, will employ sufficient employees to assist her in conducting
lessons, operating the Pro Shop, and scheduling courts. All such employees shall be in the
employ of Pro, and shall not be employees of, have any contractual relationship with, or be
entitled to any benefits from the City.
All Contract services shall be provided by or under the supervision of Pro. All of Pro's
employees shall be fully qualified to perform such Contract services.
None of the Contract services may be subcontracted without the prior written approval
of the City's Director of Park and Recreation or his designee (the "Director").
G. Pro, at her expense, will carry Worker's Compensation Insurance on all her
employees. Pro will pay all payroll taxes, F.I.C.A. taxes, and all other related taxes. Pro shall
pay the salaries of all her employees.
H. Pro shall be responsible for and control the activities of her employees at the
Facility and shall take whatever action is necessary to insure that her employees conduct
themselves in an orderly manner and in keeping with the conduct required of employees in
service organizations in general. Pro shall also insure that she and her employees do not
consume intoxicating substances at the Facility, or report to work under the influence of same.
I. Pro shall maintain and promote a continuing program to attract citizens and
tourists, to encourage use of the Facility, 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.
J. Pro will adequately publicize Facility rules, regulations, and court fees.
K. Pro will provide suitable signs at the Facility Pro Shop advising the public that
AG2730.022..k 2
such business activity is operated by Pro as an independent contractor and not operated by City.
L. Pro shall be responsible for the fair and just treatment of Pro's employees. She
shall insure that no employee or participant is discriminated against because of disability, sex,
race, color, creed, or national origin.
M. Pro shall annually submit to the Director for review a program of activities for
the forthcoming year identifying at a minimum leagues, lessons, youth and adult programs, and
tournaments by dates and estimated number of participants.
N. It is understood and agreed that the City is responsible for all Facility
maintenance, major and minor repairs to the Facility, and in consideration thereof, it is agreed
that in no event shall Pro ever have or claim any damages against City for loss of income or
failure of City to make any repairs.
O. Pro will make no alterations to the Facility without the Director's prior written
approval of Pro's proposed plans for alteration.
P. Since the Al Kruse Municipal Tennis Center is owned by the City, Pro shall make
a minimum of four (4) tennis courts available to the public whenever the Pro or her authorized
individuals for the benefit of City residents, are giving or available to give tennis lessons.
Q.
Pro shall submit to the Director, the scheduled hours of operation for the Facility.
IV.
REVENUE
A. City Revenue. Pro shall collect for and on behalf of the City all court fees, permit
fees, and locker fees, and other charges at the Facility, at the then current rates established by
City Council, (collectively "City Revenue").
B. Pro Revenue. Pro shall have the exclusive right at Al Kruse Municipal Tennis Center
to operate a Pro Shop, including the right to:
1. Sell merchandise.
2. Rent rackets.
3. Give tennis lessons.
4. Authorize other qualified individuals to give tennis lessons.
5. String rackets.
6. Repair rackets.
7. Operate a food and drink concession.
The gross revenue from all: Pro Shop merchandise sales, racket rentals, tennis lessons,
racket stringing, racket repairs, food and/or drink sales, less applicable sales or use tax, and
excluding merchandise sold to schools, etc. at wholesale prices, is collectively referred to herein
as "Pro Revenue." To exclude bulk merchandise sales, Pro must provide City a copy of the
sales receipt to a school. Any other wholesale or bulk merchandise sales by Pro must be
A02730.022.h 3
{
approved by the Director prior to sale.
C. Pro shall pay City five (5 %) percent of the Pro Revenue monthly, beginning on
or before the tenth (10th) day of the first full calendar month after the effective date of this
Contract, and by the tenth (10th) monthly thereafter. Payment shall be made to the City of
Corpus Christi, Collections Section, P.O. Box 9277, Corpus Christi, Texas 78469. Pro must
charge a court fee for each lesson given, which court fee will be deposited as City Revenue.
D. If City Revenue exceeds $30,000 in any City fiscal year (August 1 to July 31)
City shall pay Pro five (5 %) percent of all City Revenue in excess of $30,000 for the remainder
of that City fiscal year, on or before the fifteenth (15th) day of the month following the month
in which the $30,000 in City Revenue was received, and by the 15th monthly thereafter through
the first month of the following fiscal year.
E. Each day Pro shall deposit into the night depository at City Hall 100% of all City
Revenues received that day, daily cash register tapes, and the daily report.
F. Pro shall keep strict and accurate books of account of all Pro Revenue and all City
Revenue. All documentation of Pro Revenue and City Revenue, including but not limited to
invoices, sales slips, cash register tapes, and counter information, shall be retained for two (2)
years after termination of this Contract.
Accounting records, ledgers, journals, and reports with regard to Pro Revenue and City
Revenue shall be retained for five (5) years after termination of this Contract.
All books of account and backup documentation shall be available to the Director for review
during City's business hours at the Facility. The daily report form shall be approved by City's
Director of Finance and Pro's designee.
G. During the term of this Contract City will not grant to any other person or
organization the right to sell at Al Kruse Tennis Municipal Center any items available at the Pro
Shop, nor allow anyone else to give paid tennis lessons except through or with the consent of
the Pro.
V.
TAXES
Pro agrees to pay any and all assessments or taxes, however incurred, arising from the
use of the Facility, sale of merchandise or services pursuant to this Contract, including without
limitation, sales or use taxes, ad valorem taxes, and federal income taxes.
VI.
UTILITIES
City, as owner of the Facility, will provide electrical, gas and water services to the
Facility.
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VII.
INSURANCE
A. Pro shall secure and maintain a comprehensive 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. The comprehensive general liability policy carried by the Pro under this
Contract is the primary coverage in case of loss or damage related to Pro's operation of the
Facility. A copy of the policy shall be submitted to the Director for approval prior to
commencement of this Contract.
B. Pro shall secure and maintain worker's compensation insurance.
C. As evidence of the insurance coverages required by this Contract and prior to
execution of this Contract, the Pro shall furnish certificate(s) of insurance to the Director. The
Certificate(s) will specify parties who are additional insured and will indicate what endorsements
are included and what exclusions are removed.
D. There shall not be any cancellation, material change, or intent not to renew such
insurance policies without thirty (30) days prior written notice to the Director.
E. The City Manager, or his designee (the "City Manager") retains the right to
review insurance requirements on an annual basis and to require additional coverage and/or
increases or decreases in the level of coverage required.
VIII.
ASSIGNABILITY OF TENNIS PRO CONTRACT
It is understood and agreed that this Contract is a personal service contract and is not
assignable.
IX.
TERMINATION
The City Manager, may, upon forty-five (45) days advance written notice, terminate this
Contract for cause, provided, however, the City Manager, 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 Director forty-five (45) days
advance notice. This Contract will terminate immediately upon the death of the Pro. Further,
this Contract will be terminated upon the inability of Pro to perform the duties hereunder for 60
consecutive days or a breach of the terms and conditions of this Contract which remains uncured
by the end of the cure period set out in the notice of default.
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f r
X.
CITY RESPONSIBILITIES
A. City owns the Al Kruse Municipal Tennis Center facilities, all improvements, and
buildings located thereon; the furnishings and equipment for the locker room/restroom area, as
shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and the office
equipment, including without limitation, a cash register and basic supplies, located in the Pro
Shop and/or office.
B. City will pay for one (1) telephone.
C. City will furnish installation of security equipment in the pro shop. This
equipment will include sound and movement detectors. The Pro will pay the monthly bill for
the security monitoring services.
D. City is responsible for all Facility maintenance and major and minor repairs at
the Facility. It is agreed and made a condition of this Contract that in no event shall Pro ever
have or claim any damages against the City for loss of income due to the City's failure to make
any repairs.
E. City will clean the Facility and will supply all cleaning supplies.
F. Pro is directly responsible for supervising the Facility including without limitation
all activities in the locker/restroom.
XI.
INDEMNITY
Pro will indemnify and hold City its officers, employees, and agents (the "Indemnitees")
harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities,
expenses, and judgments recovered from or asserted against Indemnitees on account of injury
or damage to person or property to the extent any such damage or injury may be incident to,
arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or
omission, negligence, or misconduct on the part of Indemnitees and on the part of the Pro or
any of her agents or employees and on the part of any patron of or invitee to the Facility
pursuant to all tennis related activities and other activities undertaken pursuant to this Contract,
which injuries, death, or damages are caused, or claimed to be caused, by indemnitor's sole,
concurrent, or contributing negligence.
A02730.022.ak 6
XII.
NOTICES
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.O. Box 9277
Corpus Christi, TX 78469
To Pro:
Susan Shelby Torrance
3205 Kennsington Court
Corpus Christi, Texas 78414
or at such other address as each party may designate to the other in writing.
XIII.
AMENDMENTS
Modifications to this Contract shall not be effective unless signed by a duly authorized
representative of all parties hereto. Modifications which do not change the essential scope and
purpose of the contract, specifically including without limitation the amount of the monthly pro
fee, may be approved on behalf of the City by the City Manager.
SIGNED this day of , 199
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa
City Secretary
Juan Garza
City Manager
TEENNIS PRO, "Pro"ro
ce .
a. ' fru/free
/0-prcrntra.
Susan Shelby Ton
Approved to form this the ? day of bCCLfiur 19n.
James R. Bray, Jr., City Attorney
By:
Alison Gallaway
Assistant City Attorney
A02730.022.ak 7
•
That the foregoing ordinance was red for the fi t time d passed
to its second reading on this the L) day of eU yY and V
19 , by the following vote:
Mary Rhodes
Dr.Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
CL
Oinr
(ccy
Edward A.
Martin
,
Dr. David McNichols a.AU,
David Noyola
Clif Moss
That the foregoing ordinance wa read for
pas a finally on this the - day of
19 Oil , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper David Noyola
Cezar Galindo Clif Moss
Betty Jean Longoria
the second time and
JOtVWlD vel
Edward A. Martin
Dr. David
McNichols
PAT AND APPROVED, this the 2Aday of
19
ATTEST:
City Secretary
MAYOR
THE CIT '0 CORPUS CHRISTI
APPROVED: 14- DAY OF
JAMES R. BRAY, JR., CITY ATTORNEY
City Attorney
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