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
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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.
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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
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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.
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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
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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.
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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
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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
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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