Loading...
HomeMy WebLinkAbout022152 ORD - 01/31/1995AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A THREE YEAR PROFESSIONAL SERVICES CONTRACT WITH TOTAL TENNIS, INC., BY STEVEN B. DENTON, FOR TENNIS OPERATIONS AT THE H.E.B. 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 Total Tennis, Inc., by Steven B. Denton, for tennis operations at the H.E.B. Municipal Tennis Center, a copy of which is on file with the City Secretary. AG5000.625 022152 c TENNIS PRO CONTRACT Total Tennis, Inc. 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 Total Tennis Inc., of Nueces County, Texas, Steven B. Denton, Director (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 H.E.B. 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. II. MONTHLY PRO FEE City shall pay Pro Three Thousand Six Hundred Dollars ($3,600) per month payable in monthly payments on the fust 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. If a monthly Pro fee of at least $3,600 is not appropriated, Pro will have the right to terminate 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. III. PRO RESPONSIBILITIES A. Pro shall employ the professional services of Steven B. Denton, as Tennis Pro for the duration of this Agreement. If Pro fails to continue the employment of Steven B. Denton during this Agreement, that shall be grounds for termination of this Agreement. B. Pro shall be responsible for operating H.E.B. 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. ,tev"94.co". 1 IP C. 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. D. 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. E. Pro and any of Pro's 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 Pro's employees on behalf of the City and the prompt payment of five (5%) percent of Pro Revenue and two (2%) of Lesson Revenue. F. Pro agrees that City will conduct an investigation of Pro's and all Pro's employee's background at City's expense. A release authorizing the background investigation shall be required from the Pro and Pro's employees. City shall terminate this Contract if the City fords 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. G. Pm, at Pro's expense, will employ sufficient employees to assist Pro 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. Pro's staff shall include one assistant Pro who is certified to have a rating by the United States Professional Tennis Association, or United States Professional Tennis Registry, or possesses three years of tennis teaching experience at the Junior High, High School, or College level, or has professional playing experience. All Contract services shall be provided by or under the supervision of Steven B. Denton on behalf of Pro. All of Pro's employees shall be fully qualified to perform all Contract services performed by each of them. 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"). H. Pro, at Pro's expense, will carry Worker's Compensation Insurance on all its employees. Pro will pay all payroll taxes, F.I.C.A.taxes, and all other related taxes. Pro shall pay the salaries of all Pro's employees. I. Pro shall be responsible for and control the activities of Pro's employees at the Facility and take whatever action is necessary to insure that Pro's employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations in general. Pro shall insure that Pro and Pro's employees do not steve94.con. 2 • consume intoxicating substances at the Facility, or report to work under the influence of same. J. 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. K. Pro will adequately publicize court fees. L. Pro will provide suitable signs at the Facility Pro Shop advising the public that such business activity is operated by Pro as an independent contractor and not operated by City. M. Pro shall be responsible for the fair and just treatment of all Pro's employees. Pro shall insure that no employee or participant is discriminated against because of disability, sex, race, color, creed, or national origin. N. 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. 0. 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. However, Pro shall notify the Director of all dangerous conditions or special defects at the Facility. Until City repairs or otherwise remedies such dangerous conditions or special defects Pro shall not use, or allow to be used, any area of the Facility which has dangerous conditions or special defects. P. Pro will make no alterations to the Facility without the Director's prior written approval of Pro's proposed plans for alteration. Q. Since the H.E.B. Municipal Tennis Center is owned by the City for the benefit of City residents, Pro shall make a minimum of eight (8) tennis courts available to the public whenever the Pro or Pro's authorized individuals are giving, or available to give tennis lessons. R. Pro shall submit to the Director, the schedule of hours of operation for the Facility. steve94.con. 3 • Iv. REVENUE A. City Revenue. Pro shall collect for and on behalf of the City all court fees, permit fees, and locker fees, at the then current rates established by City Council, (collectively "City Revenue"). City Revenue shall not include any items of Pro Revenue. B. Pro Revenue. Pro shall have the exclusive right at H.E.B. Municipal Tennis Center to operate a Pro Shop, including the right to: 1. Sell merchandise. 2. Rent rackets, ball machines, buckets of balls. 3. String rackets. 4. Repair rackets. 6. Operate a food and drink concession. The gross revenue from all: Pro Shop merchandise sales, racket rentals, racket stringing, racket repairs, food and/or drink sales, less applicable sales or use tax, excluding bulk merchandise only sold to schools 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 approved by the Director prior to sale. C. Lesson Revenue. Pro shall have the exclusive right at H.E.B. Municipal Tennis Center to give, or authorize, tennis lessons. All revenue produced from giving or authorizing tennis lessons, camps or other forms of teaching sessions shall be "Lesson Revenue". If any person receiving tennis lessons does not have a tennis permit, Pro must charge a court fee for each lesson given, which court fee will be deposited as City Revenue. D. Pro shall pay City two (2%) percent of gross sales of tennis lessons (Lesson Revenue) and five (5%) percent of all other Pro Shop 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 Ccrpus Christi, Collections Section, P.O. Box 9277, Corpus Christi, Texas 78469. 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, Lesson Revenue, and all City Revenue. All documentation of Pro Revenue, Lesson 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, Lesson 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 rteve94.00n. 4 • 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 H.E.B. Municipal Tennis 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, the 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. 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. VIII. ASSIGNABILITY OF TENNIS PRO CONTRACT It is understood and agreed that this Contract is a personal service contract and is not assignable. steve94.con. 5 • IX. TERMINATION The City Manager, may, after forty-five (45) days advance written notice and opportunity to cure, terminate this Contract for a material breach by Pro of the Contract if breach has not been cured, 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 Steven B. Denton. Further, this Contract will be terminated upon the inability of Pro to perform the duties hereunder for 120 consecutive days. X CITY RESPONSIBILITIES A. City owns the H.E.B. 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 and concession building. This equipment will include sound and movement detectors. The Pro will pay the monthly bill for the security monitoring services. The City will provide security guards for the parking area as needed, and will be responsible for security at the Facility. 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. XI. INDEMNITY Pro will indemnify and hold City, its officers, employees, and agents ("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 by an act or omission constituting negligence or an intentional tort on the part of the Pro or any of its agents or employees, including without steve94.con. 6 a • limitation all injury or damages caused by Pro's failure to notify City of dangerous conditions or special defects at the Facility, as a result of which City is held liable to a third party on the basis of negligence, or intentional tort. 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: Steven B. Denton 4902 Saratoga #4 Corpus Christi, Texas 78413 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 TOTAL TENNIS I ., "Pro.. Steven B. Denton, Director Total Tennis, Inc. Approved to form this the i F> day of -14n� r,�l ; ' , 1914 . James R. Bray, Jr., City Attorney By:K__, 4,46-A Alison Gallaway Assistant City Attorney steve94.con. 7 • That the foregoing ordinance was read for the first time and passed to ' s second reading on this the 2t3 day of J..k kIAda , 19 , by the following vote: Mary Rhodes Edward A. Martin Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Out Dr. David McNichols CkIt1 LI.U� n ; Ov- N' David Noyola Clif Moss That the foregoing ordinance was read for th second time and pas finally on this the -f day of JR #t&i0,Fv 19 , by the following vote: J /�L1�/ Edward A. Martin a > (,�I.ty- Dr. David McNichols 11_- d David Noyola �A('�✓ Clif Moss Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria PAS Ep AND APPROVED, this the 31 day of -� NV' 19 5 . J City Secretary APPROVED: 18 DAY OF J tYYLG-./ , 19 q4 - JAMES R. BRAY, JR., CITY ATTORNEY Jt Assistant City Atto e \form.\044 uZS 022152 CORPUS CHRISTI