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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. w02730.022..k 4 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. AQ2730.022.h 5 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 \ forma \046 .b Z C n0 ity.Adta--1 022.148 19%9-