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HomeMy WebLinkAboutC2006-592 - 12/21/2006 - NAPage 1 of 8 Tennis Pro Contract 8 Lease of HEB Tennis Center Cory Brooks THE'~TATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUi~TY OF NUECES ~ This Contr~t (`Contract") is befinreen the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Cory Brooks of Nueces County, Texas ("Pro"). This Cont~act is a Tennis Pro Service Contract and a Lease of the H. E.B. Municipal Tennis Center ~"Facility"1. Ir~ consideration of the covenants herein, City and Pro agree as follows: 1. T~rm. City contracts with Pro as Tennis Professional at the H.E.B. Municipal Tennis Cent~r ("Facility") subject to all of the terms of this Contract. Further, City leases Faci~ty to Pro, subject to the terms of this Contract. Facility is shown in the attached Exhi~it 1. This Contract (the Tennis Pro Service Contract and Lease) is for six (6) months, unless sooner terminated and extending from month to month upon the same terms and conditions as set out herein until a new Contract and lease are agreed upon. This Contract is effective on final approval by the City Manager. 2. Monthly Pro Fee. City shall pay Pro Four Thousand One Hundred and thirty-eight Dolla~s ($4,138) per month, payable monthly on the first business day of each calendar mon~ during this Contract, as the monthly tennis Pro fee for Pro's services provided hereunder. For any fee due after fiscal year 2005-2006, the monthly Pro fee is subject to appropriation by City Councif in the applicable fiscal year budget. If a monthly Pro fee of at least $4,138 is not appropriated, Pro may terminate this Contract. Park~ Director shall review Pro's performance (including City Revenue) after the end of each month of this Contract. It is ~xpressly understood that Pro is an independent contractor and not a City em~loyee and is not entitled to the benefits normally accorded to City employees. 3. Rro Responsibilities. A. Com~iance with Laws. Pro must operate H.E.B. Municipal Tennis Center (the "Fac~ility") in conformity with the laws of the State of Texas and the ordinances, rules and regul~tions of City B. Rro's Qualifications. Pro must be experienced in the management, supervision, and operation of a tennis facility. Pro must have and maintain a Class 1 Rating from the United St~#es Professional Tennis Association. Pro's primary duty is to manage and con~ol the administration and operation of the Facility. 2006-59 ~ 12!21 /Ob ~ryBroc ksHEB TennisX&Lease Clean doc Brooks. ('or. Page 2 of 8 C Pro Supervision of Facility. Pro is directly responsible for supervising the Facility, Encluding without limitati~n. all a~..tivities in the locker/restroom. D, Facility Rules. Pro shall adequately publ~sh and enforce all rules and regulations goveming the plaYing of tennis and al! other activities, as may be conducted at Facility. E. Cash Handling. Pro must provide fidelity bonds for himself and any of Pro's employees who handle c~ash or credit cards These bonds must be provided to the Director of Parks and Recreation or designee ("Parks Director") and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corpa-ate surety duly licensed under Texas laws to write fidelity bonds. These bonds must b~ kept in effect fo~ the entire term 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 may conduct a background ~nvestigation of Pro and all of Pro's employees and independent contractors at City's expense. A release authorizing the background investigation must be executed by the Pro and Pro's employees and independent contractors. City shall terminate this Conttact if the City finds a felony conviction, convictions for crime of moral turpitude, or ronuietion for any drug offenses Pro shall tef-minate any of Pro's employees and Endependent contractors for the same causes. Ga P~o's Employees. Pro, at Pro's expense, shall employ sufficient employees to ~ssist Pro in conducting lessons operating the Pro Shop, and scheduling courts. All employees shall be employees of Pro, not City. Employees shall not have any Conttactual relationship with, and are not entitled to any benefits from, City. Pro shall pay the salaries of all of Pro's employees. All Contract services must be provided by or under the supervision of Pro. All of Pro's employees must 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 Parks Director Pro is responsible for and must control the activities of Pro and Pro's employees at the Facil~y 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 ~amilies and youth with many children participat~ng. C(Doyle D3.06\PARK&REG 27`HEBTen Cntr`•06 1221Dr CoryBroo.k-HEB Tenn?sX&Lease Gean doc Page 3 of 8 H. Taxes, Pro, at his expense; wili pay all payroll taxes, F.I.C.A. taxes, and all other related taxes pnor to the past due date. I. ~rograms. ~. Pt~o must maintain and promote a continu~ng program to attract citizens and tourists, to us~ ~f the Facility. particularly weekday play, and must maintain rental tennis rackets ~or use by the public. A s~edule af hours of operation for t~e'Facili#y mc~sfi ~ae ~as~ted' at tMe'` i1i c~#iled with ~e Parks Director. 2 Pro shall promate the game caf tennis through youth programs. 3. Pro must each month submit to the Parks Director a program of activities for the forthc~ming month identifying, at a minimum, leagues, lessons, youth and adult progr~ms, tournaments by dates and estimated number of participants and hours of opera#ion J. Caurt Fees. Pro wilf adequately publicize all approved tennis fees. K. R~quired 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~ Npndiscrimination, Pro is responsible for the fair and just treatment of all Pro's empl0yees. Pro must insure that no employee or participant is discriminated against because of disability, sex, race, color creed, or national origin. M. D~ngerous Conditions. Pro must notify the Parks Director of all dangerous cond~ions or special defects at the Facility. Until City repairs or otherwise remedies the dang~rous conditions or speciai defects Pro must not use, or allow to be used, any area of the Facility which has dangerous conditions or special defects. N. A~erat'tons. Pro wilf make r?o alterations to the Facility without the Parks Direc#or's prior written approvaE of Pro's proposed plans for alteration. 0. P~blic Courts. Since the H.E.B. Municipal Tennis Center is owned by the City for the benefit of City residents, Pro must make a minimum of four (4) tennis courts availa~ble to the public whenever the Pro or Pro's authorized individuals are giving, or available to give tennis ~essons with the exception of tournaments. P, Facility Maintenance. City is responsible for all Facility maintenance and major and rninor repafrs 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. 4. Consic~ration for Lease of 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 C~~!Doye 03 ~6~PARK&R~C 27'~HEBTen.Cr~tr.~"c.?~21 D~ ~. CoryBroo k.,HEB T~nnis K&Lease Clean doc ,,~. . ~. . _ ,,,~., ,.. _.,.,„.... Page 4 of 8 Pro Revenue and ~esscn Rever~ue daily and deposit daily in City's account 5% of Pro Revenue and 5°~0 of Lesson Revenue. as set out in Section 5 below. 5. Revenue. A. C~r Revenue. ~`City Revenue" means all court fees, permit fees, locker fees, and ~ther City charges at the then current rate set by the Parks Director in accordance with Sec 36-3 Rental Rates of the City Code of Ordinances. City Revenue does not ~nclude 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, tournaments, league play, summer camps~ nnerchandise sales, racket rentals, tennis lessons (i.e., Lesson Revenue), racket str~ng~ng, racket repairs food ar~d drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Pro provides the Parks 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 Parka Director prior to the sale C, Lesson Revenue. Pro has the exclusive ~ight at H.E.B. 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 persan receiving tennis iessons does not have a tennis permit, Pro must charge a court fee far each lesson given, which court fee will be deposited as City Revenue. D.. Payment of Revenue. 1 C'rty Revenue Pro must deposit. daily, al6 City Revenue, together with daily cash regist~er tapes and the daily report at the City s designated depository. 2, Pr~o and Lesson Revenue. As stated in Section 4, Pro must deposit in City's account City's 5% of Pro and 5°10 of Lesson Revenue daily beginning on the effective ~ay af this Contract as park of the daily deposit 6. Exclusive Right. Pro is granted the exclusive right to operate a Pro Shop at H.E.B. Municipal Tennis Genter including the right tc~ A Sell merchandise B Rent rackets ball machines buckets of balls. C Str'ing rackets D. Repair rackets. E Operate a food and drink concession. C~(Doyle 03 06'~PARK&REC ??'+HEBTen Cntr~06.122? Dt CoryBroo ksNEB-Tenn~s KBLease Clean doc _. ,~,. . «F. t , ,~.~, .,,~. Page 5 of 8 ~uring this Contract, City will not grant to any other person or organization the right to sell a# H.E.B. Municipa~ Tennis i~enter any items available at the Pro Shop, or allow anyone else to give pai~ tennis lessons except through or with the consent of the Pro. 7, Record Keeping. Pro must #urnish to the City's Director of Finance, or designee, ("Finance Director'°) a certified rnonthly statement of Pro Revenue on or before the tenth ~ay of each month during the Lease The Finance Director will approve the statement form pr~or to commence!~ent of this Lease. The statement form may be altered at the Finance C~irector's discretion. Pro must keep accurate books :~f account of all Pro Revenue collected. The books of account wiEl be open for inspect~on, copying, ~r audit by City Manager, or designee, ;"City Manager") at all times. AII 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 form for the daily report. All underlying documentation fo~ Pro Revenue, Lesson Revenue, City Revenue, and Pro s certified monthly statement, including cash register tapes, purchase orders, ~nvoices, sales receipts. counter information, and the like, must be preserved by Pro during the lease term and for at least two years thereafter, including any holdover period. Accounting records, ledgers, ~ournals and reports with regard to Pro Revenue, Lesson Revenue and City Revenue must be retained for five (5) years after termination of this Con#ract. City may term~nate this Lease for failure to preserve these records or ta prov~de them to City Manager upon request Pro must provide the Parks Director copies of its quarterly sales tax reports for all safes at the Facility within 30 days of Parks Director's written request therefor. Failure t~ pravide said copies is cause *~ terminate 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 inerchandise or services pursuant to this Cont;~act, including without limitation sales or use taxes, ad valorem taxes, and federal +ncome taxes prior to the taxes becoming past due. 9. Ulilities. 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 efficientlv use water, electrical and natural gas resources. 10.In~urance. A, Glneral Liability. Pro shall secure and maintain a comprehensive general liability insur~nce 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 liabiliiy 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. C~~Doyle ~3.OBtPARKBREC ?7'~HEBTen_Cntr~~~06 ~22~ D~ ~ervBroo k5ME6 ~enn~s K&Lease Ciean doc ,.,. . ,,, . ,~,., . ..~., ,,~ Page6of8 B. irr~urance Certificate. As evidence of the insurance coverage required by this Contract and priar to execution of this Contract, the Pro shall furnish certificate(s) of ~nsur~nce to the Director. The Gertificate(s) will specify parties who are additional ~nsured and wil! ~ndicate what endorsements are included and what exclusions are removed C, Cancellation Notice. There shail not be any cancellation, material change, or intent noz to re-~ew the i~surar~ce policies without thirty (30) days prior written notice to the ~~rector D. Vl~rker's Compensation. Pro shall secure and maintain worker's compensation ~nsur2~n~e. 11,Assignment. This Contract ~s a personaE 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 Contcact if breach has not been cured, provided, however, the City Manager, may imm~iately terminate this Contract if Pro's uiolation involves: misappropriation of funds due the City, failure to produce financial or accounting documentation as required herein, ~r a serious or imminent danger to the public. Pro may terminate this Contract if the Pro provides the Parks Director 45 days advance written notice. This Contract will terminate immediately upon the death of Pro Further, this Contract will be terminated upon the inability of Pro to perfc~rm the duties hereunder for 120 consecutive days. 13. Ci~y Responsibilities. A. Ownership. City owns the H.E.B. Municipal Tennis Centerfacilities, all ~mpravements, and buildings located thereon; the furnishings and equipment for the locker room/restroom area. as shown on Exhibit 1 attached hereto and made a part hereaf for a!) purposes: and the office equipment, including without limitation, a cash register and basic suppGes. located in the Pro Shop and/or office. B. Telephone. City will pay for t~ne telephone for local calls. C. Sacurity. 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 th~ security services D_ Fa~cility Maintenance. City ~s 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 ciaim for any damages against the City for loss af ~ncome due to the City's failure to make any repairs. E, Janitorial~ City will clean the Facility and will provide all cleaning supplies. F. Pr~mo~on of Facility. City shall continue its promotional activities for the Facility, incfuding brochures and listings in departmental literature. C tDOyle i~3.U6`~,PARK&REC 27`HEBTen Cnv'•06 1221 DC CoryBroo.k«;EB Ternis K&Lease ~lean.doc ~,,. ,„ , ,. .~,_ ~_-».,.-- ,,~< Page 7 of 8 14. lr~demnity, Pro must fully indemnify, save and hold harmless City, its officers, emp~oyee~, and agents (hereinafter "the Indemnitees") against any and all liabi~ty, damage, /oss, 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 unde~-taken pursuant to this Tennis Pro Contract and Lease of H.E.B. Municipa! Tenrtis Center or any operations or activities thereunder, regardless of whether the ir~jury, 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 lndemnitees or any of them. Pro shall at its own expense investigate a/l these claims and demands, attend to theirsettlement or other disposition, defend aU actions based fhereon and pay all char~es of attorneys and all other costs and expenses of any kind arising from the I~~bility, damage, /oss, claims, demand, and actions. 15. NAtices. 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 ma~l Notice must be sent as follows: iF TO CITY: City of Corpus Christi Atten#ion Director, Parks & Recreation P O Box 9277 Corpus Christi, Texas 78469-92?7 FAX ~lo ('361)88Q-3464 Phone No.: (361) 880-3461 IF TO PRO: Cory Brooks. 4901 Saratoga #127 Corpt~s Christi, Texas 78413 Phone No, (361) 215-3111 16.A~endments. Modifications to this Contract are not effective unless signed by a duly a~uthorized representative ofi all parties hereto. Modifications that do not change the essential scope and purpose of the Contract, specifically including without limitation the amount of #he monthly Pro fee. may be approved on behalf of the City by the City Manager 17. P~blication. Pro must pay ahe costs of newspaper publication of this Contract and ~ease and refated ordinance as required by the City Charter. C•(Doyle ~3 06tPARK&REC <^7`.HEBTen Cntr',q6 t 22i D( CoryBr~o ksHEB Tenn!; K&Lease ~lean doc .~ . _. „, __ .,~,.. .. ....~,,,,_, _ ~,, . .r ~ ,.. , ~,, ~,.. .. _: ~ ._ ...~,. _... ,..._., . _~ ,,._ ..,. ... .,,, Page 8 of 8 18. ~fecti~e Date. This Contract is effective on final approval by the City Manager. SIGhIED th~.1~ day of ~l.~r'~`4~~Ei~' ~, 2006. ATT~ST: CITY F CORPUS CHRISTI Arm2~do Chapa `y e K. Noe City ~-ecre~ary City Manager Ap rq~ved 21 December 2006 . ~ _ Doyli~ D. Curtis Chie~ Adrr~inistrative Law Section Seni~ Ass~stant City Attorney For ~i~ty Attomey ,).~,~~f,- (~n '~...~._y..~ =tl~..... AU t f1Ur~r..-. ,Y counct~ ~~~ ~" ('~~C t~- 3ECREt'ARv~ {~~ TEN~1 P~O, "Pro" By: ~ . ~~-.^- _ C~ry Briaoks C iDoyle 03.06~PARK&R~C 27'NE$Ten Cntr~06 1221 DC CoryBroo ksNEB Tennis.K&Lease Clean.doc +., ..~ ,,,.. _~,~ ~.._ -,~. ,. < _~,.,, . _ _ _ r „~. _ .. . w ... ,a.., _-_ .. d»._. ._..._...... ,.~. _:._.`..,,... ..,,. .> ._. , ~. __....,. __,., ~ 2I22/06 i:onrne - !`~ ~ ~-~ ~.. This is a fi month agr nt with Cory s to continue to run the shop and pragrams at Tennis Cent . was reviewed by legal Ronnie S~pulveda, t of Athletics. ~- ~% ~ Mr. ~~s signed i~s~morning, and we w like to have Skip sign by next T~desday or W esdey so we can rr for his January 2007 payment. ~. ,,- Thanks, b~;. ~' --~ Z~ + ~~ b~ ~'~3~bb~ ._.-;-~, r ~. ~ n __-- ~ 'f; l~ ~C.. ~ ~. _ - _ ~~' ~:~.-'~ - -y~ ~ ~.~t~~ , ~- -e~. ~~i~~~~~~~ ~ I ~~ ~ ~ ~~~~ ~ ~~t ~~ Y''e,~ r~''~ GcY1 ~ ~ C.~ ,~~ _.~. ~=!oo,- - r-~s l~ ~ ~4 ~ ~~ ,~~~b~- ~ ~ ~~ i~/1~G ~ ;