HomeMy WebLinkAbout026111 ORD - 01/18/2005
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE.YEAR PROFESSIONAL SERVICES CONTRACT AND LEASE
AGREEMENT WITH SUSAN SHELBY TORRANCE (PRO) FOR TENNIS
OPERATIONS AT THE AL KRUSE TENNIS CENTER IN
CONSIDERATION OF PRO PAYING THE CITY 5% OF PRO AND
LESSON REVENUE, AND COLLECTING AND FORWARDING CITY
REVENUE TO CITY IN RETURN FOR PRO'S EXCLUSIVE USE OF
TENNIS CENTER, AND CITY PAYING PRO $3,166 PER MONTH FOR
PRO OPERATING TENNIS CENTER; AND DECLARING AN
EMERGENCY,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a five-year
professional services contract and lease agreement ("Agreement") with Susan Shelby
Torrance (Pro) for tennis operations at the AI Kruse Tennis Center in consideration of
pro paying the city 5% of pro and lesson revenue, and collecting and forwarding city
revenue to city in retum for pro's exclusive use of tennis center, and city paying pro
$3,166 per month for pro operating tennis center, The Agreement is attached as Exhibit
A and a copy is on file with the City Secretary,
SECTION 2, That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 18th day of January, 2005.
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!!;!~111
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ATTEST:
CITY OF CORPUS CHRISTI
~~
Armando Chapa
City Secretary
, ,LL.',llj,vnT < "I
Mayor f>v ---r:;. ,,.-..
APPROVED: December 15,2004
~.~/
oyle CurtiS
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
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Co~pus Christi, T~,xas
'\V"(\'l \ V\j
U day of i I J?ttlr ' 2005
,
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced or at the present
meeting of the City Council.
Respectfully,
Respectfully,
~ '#~
~~, N_ ' ,k,)iil,,,,,,)::r ,,11'1
Mayor (L, I~ ",
Council Members
The above ordinance was passed by the following vote:
Samuel L, Neal, Jr.
Brent Chesney
Javier 0, Colmenero
Cit'di2"cf-
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Q ,ll..1CIJ
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(JAY
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Melody Cooper
Henry Garrett
Bill Kelly
Rex A, Kinnison
Jesse Noyola
Mark Scott
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II .) r 1 1 1
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officer that the money
required for the contract, agreement, obligation or expenditure described below is in the Treasury to
the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated
for any other purpose.
City Council Action Date: January 18. 2005
Agenda Item: An ordinance authorizing the City Manager, or designee, to execute
a five-year professional services contract and lease agreement with Susan Shelby
Torrance (Pro) for tennis operations at the AI Kruse Tennis Center in consideration
of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding
city revenue to city in return for Pro's exclusive use of tennis center, and city paying
Pro $3,166 per month for Pro operating tennis center; and declaring an emergency,
Amount Required:
$
37.992.00
Fund Name Fund No. Org, No, Account Project Amount
No. No,
General 1020 13210 530000 37,992
Total 37,992
X Certification Required
r:.~~ (JL~
Director of Fi ncial Services
Date: I/;3 /0 ~-
l.Ht."..~ I
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Tennis Pro Contract & Lease of AI Kruse Municipal Tennis Center
Susan Shelby Torrance
THE STATE OF TEXAS ~
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
This Tennis Pro Contract, ("Contract') and Lease of the AI Kruse Municipal Tennis
Center ("Facility") is between the City of Corpus Christi, a Texas home rule municipal
corporation ("City"), and Susan Shelby Torrance of Nueces County, Texas, ("Pro"),
In consideration of the covenants herein, the City and Pro agree as follows:
1, Term. City contracts with Pro as Tennis Professional at the AI Kruse Municipal
Tennis Center subject to all of the tenns of this service Contract. Further, City leases
the Facility to Pro, subject to the tenns of this Contract. This Contract and Lease is for
five (5) years, unless sooner tenninated arid extending from month to month upon the
same tenns and conditions as set out herein until a new contract and lease are agreed
upon, This Contract and Lease is effective on final approval by the City Council.
2. Monthly Pro Fee. City shall pay Pro Three Thousand One Hundred and Sixty-Six
Dollars ($3,166) per month payable monthly on the first business day of each calendar
month during the Lease, as the monthly tennis Pro fee for Pro's services provided
hereunder. For any fee due after fiscal year 2003-2004, the monthly pro fee is subject to
appropriation by City Council in the applicable fiscal year budget. If a monthly Pro fee of
at least $3,166 is not appropriated, Pro may tenninate this Contract.
It is expressly understood that Pro is an independent contractor and not a City
employee and is not entitled to the benefits nonnally accorded to City employees,
3. Pro Responsibilities.
A. Compliance with Laws. Pro must operate AI 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's Qualifications, Pro must be experienced in the management, supervision,
and operation of a tennis facility, The Pro must have and maintain a Class I rating from
the United States Professional Tennis Association, The Pro's primary duty is to manage
and control the administration and operation of the Facility,
C. Pro Supervision of Facility. Pro is directly responsible for supervising the Facility,
including without limitation, all activities in the locker/restroom,
D. Facility Rules, 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,
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E. Cash Handling. Pro must provide fidelity bonds for herself and any of Pro's
employees who handle cash or credit cards, These bonds must be provided to the
Director of Park and Recreation or designee ("Park Director") and must be good and
sufficient fidelity bonds in the sum of Five Thousand ($5,000) Dollars, written by a
corporate surety duly licensed under Texas laws to write fidelity bonds, These bonds
must be kept in effect for the entire tenn of thiS Contract and any holdover period,
These bonds must 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, including Lesson Revenue, to which the City is entitled,
F. Background Investigation. Pro agrees that City will conduct a background
investigation of Pro and all of Pro's employee's at City's expense, A release authorizing
the background investigation must be executed by the Pro and Pro's employees, City
shall tenninate this contract if the City finds a felony conviction, convictions for crime of
moral turpitude, or conviction for any drug offenses, Pro shall tenninate any of Pro's
employees for the same causes.
G. Pro's Employees. Pro, at Pro's expense, will employ sufficient employees to assist
Pro in conducting lessons, operating the Pro Shop, and scheduling courts, All these
employees will be in the employ of Pro, and not employees of, do not have any
contractual relationship with, and are not entitled to any benefits from the City, Pro shall
pay the salaries of all of Pro's employees,
All Contract services must be provided by or under the supervision of Susan Shelby
Torrance, All of Pro's employees must be fully qualified to perform all Contract service
perfonned by each of them, None of the Contract services may be subcontracted
without the prior written approval 0 the Park Director.
Pro is responsible for and must control the activities of Pro and Pro's employees at the
Facility and must take whatever action is necessary to insure that Pro and 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 consume intoxicating substances at the Facility, or report to
work under the influence of same, Pro shall insure that Pro's conduct and language,
and that of Pro's employees, is above reproach, taking into consideration the Facility is
viewed as a City facility, and that it caters to families and youth with many children
participating,
H. Taxes. Pro, at her expense, will pay all payroll taxes, F,I.C,A, taxes, and all other
related taxes prior to the past due date,
I. Programs.
1, Pro must maintain and promote a continuing program to attract citizens and tourists,
to use of the Facility, particularly weekday play, and must maintain rental tennis rackets
for use b the public,
2, Pro shall promote the game of tennis through youth programs,
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3, Pro must biannually, in January and August, submit to the Park Director a program
of activities for the forthcoming reporting period identifying, at a minimum, leagues,
lessons, youth and adult programs, tournaments by dates and estimated number of
participants and hours of operation,
J. Court Fees. Pro will adequately publicize all approved tennis fees,
K. Required Signage. Pro will provide suitable signs at the Facility Pro Shop advising
the public that the business activity is operated by Pro as an independent contractor
and not operated by City,
L. Nondiscrimination. Pro is responsible for the fair and just treatment of all Pro's
employees, Pro must insure that no employee or participant is discriminated against
because of disability, sex, race, color, creed, or national origin,
M. Dangerous Conditions. Pro must notify the Park Director of all dangerous
conditions or special defects at the Facility, Until City repairs or otherwise remedies the
dangerous conditions or special defect's Pro must not use, or allow to be used, any
area of the Facility which has dangerous conditions or special defects,
N. Alterations. Pro will make no alterations to the Facility without the Park Director's
prior written approval of Pro's proposed plans for alteration.
O. Public Courts. Since the AI Kruse Municipal Tennis Center is owned by the City for
the benefit of City residents, Pro must make a minimum of four (4) tennis courts
available to the public whenever the Pro or Pro's authorized individuals are giving, or
available to give tennis lessons, with the exception of tournaments,
P. Facility Maintenance. City is responsible for all Facility maintenance and major and
minor repairs at the Facility to the extent shown in Exhibit 2; and in consideration
thereof, it is agreed that Pro must make no claim for any damages against the City for
1055 of income due to the City's failure to make any repairs,
4. Consideration for Facility. As consideration for lease of the Facility, Pro must
collect and deposit all City Revenue daily in City's account; and Pro must collect Pro
Revenue and Lesson Revenue daily and deposit daily in City's account 5% of Pro
Revenue and 5% of Lesson Revenue, as set out in Section 5 below,
5. Revenue.
A. City Revenue. "City Revenue" means all court fees, pennit fees, locker fees, and
other City charges at the then current rate set by the Park Director in accordance with
Sec, 36-3, Rental Rates of the City Code of Ordinances, City Revenue does not include
any Pro Revenue,
B. Pro Revenue, "Pro Revenue" means all gross revenue received from the Pro shop
or for use of the Facility, including but not limited to, merchandise sales, racket rentals,
tennis lessons (Le" Lesson Revenue), racket stringing, racket repairs, food and drink
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sales, excluding all applicable separately stated taxes and bulk merchandise sales to
schools at wholesale prices if Pro provides the Park Director with a copy of the sales
receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone
but a school, must be approved in writing by the Park Director prior to the sale,
C. Lesson Revenue. Pro has the exclusive right at AI Kruse Municipal Tennis Center to
give, or authorize, tennis lessons, "Lesson Revenue" means all revenue produced from
giving or authorizing tennis lessons, camps or other forms of teaching sessions, 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. Payment of Revenue.
1, City Revenue, Pro must deposit, daily, all City Revenue, together with daily cash
register tapes and the daily report at the City's designated depository,
2, Pro and Lesson Revenue, As stated in Section 4, Pro must deposit in City's account
City's 5% of Pro and Lesson Revenue daily beginning on the effective day of this
contract as part of the daily deposit.
E. Bonus Revenue. If City Revenue exceeds $25,000 in any City fiscal year (August 1
to July 31) City shall pay Pro 5 percent of all City Revenue in excess of $25,000 for the
remainder of that City Fiscal year, on or before the fifteenth (15th) day of the month
following the month in which the $25,000 in City Revenue was received, and by the 15th
monthly thereafter through the first month of the following fiscal year,
6. Exclusive Right. Pro is granted the exclusive right to operate a pro shop at AI Kruse
Municipal Tennis Center including the right to:
A. Sell merchandise
B, Rent rackets, ball machines, buckets of balls
C, String rackets
D, Repair rackets
E, Operate a food and drink concession
During this contract, City will not grant to any other person or organization the right to
sell at AI Kruse Municipal Tennis Center any items available at the Pro Shop, or allow
anyone else to give paid tennis lessons except through or with the consent of the Pro,
7. Record Keeping. Pro must fumish to the City's Director of Finance, or designee,
("Finance Director") a certified monthly statement of Pro Revenue on or before the tenth
day of each month during the Lease, The Finance Director will approve the statement
form prior to commencement of this Lease, The statement form may be altered at the
Finance Director's discretion.
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Pro must keep accurate books of account of all Pro Revenue collected, The books of
account will be open for inspection, copying, or audit by City Manager, or designee,
("City Manager") at all times, All books of account and backup documentation must be
available to the Director for review during City's business hours at the Facility, City's
Director of Finance and Pro's designee will approve the fonn for the daily report,
All underlying documentation for Pro Revenue, Lesson Revenue, City Revenue, and
Pro's certified monthly statement, including cash register tapes, purchase orders,
invoices, sales receipts, counter information, and the like, must be preserved by Pro
during the lease tenn and for at least two years thereafter, including any holdover
period, Accounting records, ledgers, joumals, and reports with regard to Pro Revenue,
Lesson Revenue and City Revenue must be retained for five (5) years after termination
of this Contract. City may terminate this Lease for failure to preserve the records or to
provide them to City Manager upon request.
Pro must provide the Park Director copies of its quarterly sales tax reports for all sales
at the Facility within 30 days of Park Director's written request therefor. Failure to
provide said copies is cause to tenninate this Lease,
8. Taxes. Pro must 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 prior to the taxes becoming past due,
9. Utilities. City, as owner of the Facility, will provide electrical, gas, water, and
wastewater service to the Facility, In managing the Facility, Pro must practice energy
conservation efforts to efficiently use water, electrical and natural gas resources,
10. insurance.
A. General Liability. Pro shall secure and maintain a comprehensive general liability
insurance policy to include contractualliab~ity 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. Insurance Certificate. As evidence of the insurance coverage 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,
C. Cancellation Notice, There shall not be any cancellation, material change, or intent
not to renew the insurance policies without thirty (30) days prior written notice to the
Director,
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D. Worker's Compensation. Pro shall secure and maintain worker's compensation
insurance,
11. Assignment. This Contract is a personal service contract and is not assignable,
12. Termination. The City Manager, may, after 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
Park Director 45 days advance written notice, This Contract will terminate immediately
upon the death of the Susan Shelby Torrance, Further, this Contract will be terminated
upon the inability of Pro to perform the duties hereunder for 120 consecutive days,
13. City Responsibilities.
A. Ownership. City owns the AI Kruse Municipal Tennis Center facilities, all
improvements, and buildings located thereon; the furnishings and equipment for the
locker mom/restroom area, as shown on Exhibit 1 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. Telephone. City will pay for one telephone for local calls,
C. Security. City has installed security equipment, including sound and movement
detectors, in the pro shop and concession building, The Pro must pay the monthly bill
for the security services,
D. Facility Maintenance. City is responsible for all Facility maintenance and major and
minor repairs at the Facility to the extent shown in Exhibit 2; and in consideration
thereof, it is agreed that Pro must make no claim for any damages against the City for
loss of income due to the City's failure to make any repairs,
E. Janitorial. City will clean the Facility and will supply all cleaning supplies,
F. Promotion of Facility. City shall continue its promotional activities for the Facility,
including brochures and listings in departmental literature,
14. Indemnity. Pro must fully indemnify, save and hold harmless City, its officers,
employees, and agents (hereinafter "the Indemnitees" against any and all
liability, damage, loss, claims, demands and actions of any nature whatsoever on
account of personal injuries (including, without limitation on the foregoing,
workers' compensation and death claims), or property loss or damage of any kind
whatsoever, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any way connected with, tennis related activities
undertaken pursuant to this Tennis Pro Contract and Lease of AI Kruse Municipal
Tennis Center or any operations or activities thereunder, regardless of whether
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the injury, loss or damage shall be caused by, or claimed to be caused by, in
whole or in part, the negligence or other fault of the Indemnitees or any of them.
Pro shall at its own expense investigate all these claims and demands, attend to
their settlement or other disposition, defend all actions based thereon and pay all
charges of attorneys and all other costs and expenses of any kind arising from
the liability, damage, loss, claims, demand, and actions.
15, Notices, Notice may be given by fax, hand delivery, or certified mail, postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Director Park & Recreation
P,O, Box 9277
Corpus Christi, Texas 78469-9277
FAX No: (512)880-3464
Phone No,: (512) 880-3461
IF TO PRO:
Susan Shelby Torrance
3205 Kennsington Court
Corpus Christi, Texas 78414
Phone No, (512) 994-9382
16.Amendments. Modifications to this Contract are not 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.
17. Publication, Pro must pay the costs of newspaper publication of this Lease and
related ordinance as required by the City Charter,
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18. Effective Date. This Contract and Lease is effective on final approval by the City
Council.
SIGNED this _ day of
ATTEST:
,2004,
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K, Noe
City Manager
~'; De<embe, 2004
Doyle ,Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
TENNIS PRO, "Pro"
~ ~~ ~~O
Susan Shelby Torran e
STATE OF TEXAS
COUNTY OF NUECES , /
This instrument was acknowledged before me on J~7 '-f-
~
5 l.< st>n f cPr>" &vIAe€.
, 2005, by
(jl~ ?J W~
Notary Public, State of Texas /:
Printed Name: gek:>"'- tV, '-I ~"1 <.......
Seal:
Expiration Date:
REBA N, GEORGE
Notary Public: State of Texas
Februarv 12, 2006
Ord, AUTHORIZED
BY COUNCIL
ASSISTANT CITY SECRETARY
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EXHIBIT 2
DETAILED CONDITIONS FOR FACILITY MAINTENANCE
CITY OF CORPUS CHRISTI, TEXAS
AL Kruse Tennis Center
WITH
Susan Shelby Torrance
This Exhibit 2 contains detailed conditions for facility maintenance for AI Kruse Tennis
Center ("Facility") defined in, and is attached to and governed by, the CITY OF
CORPUS CHRISTI, TEXAS Tennis Pro Contract and Lease Agreement with Susan
Shelby Torrance(UPro").
1. City Resoonsibilities
1.1 Buildinas:
Bathrooms/dressing rooms; pro shop; clean and sanitize water closet, sinks,
showers and urinals daily and as needed; sweep and mop floors daily and as
needed; strip and wax floors quarterly; pick up litter daily and as needed; keep
up with all paper goods daily and as needed; clean windows weekly and as
needed,
1.2 Grounds:
Litter pickup daily and as needed; bag and manage all trashcans as needed;
inspect fencing and lumite daily and make necessary repairs; fill holes and level
ruts in all areas; clean and remove graffiti; replace all domestic lighting (general
bulbs and fluorescent tubes); make general minor repairs to facilities including
plumbing; painting and park furniture; assist tennis center staff in replacing
tennis nets, center straps and bindings; paint restrooms and other areas when
needed (annually),
1.3 Gardenina and landscaoina:
All mowing, trimming, and clean up; watering and minor irrigation repairs;
pruning shrubs, trees and rose bushes; brush clean up; maintain all f10werbeds
(includes removing weeds, preparing and planting seasonal plants to enhance
the facilities; spray insecticide, herbicides, fungicides, weed killer and treat for
ants when needed,
1.4 Caoitallmorovements, City will fund capital improvements determined by the
City that are needed at its discretion,
1.5 Contact Person, For the Lease, the City's contact person is the Park and
Recreation Director.
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