HomeMy WebLinkAboutC2018-417 - 8/28/2018 - Approved SERVICE AGREEMENT NO.
AL KRUSE TENNIS CENTER MANAGMENT
THIS Al Kruse Tennis Center Management Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City")
and Sweet Spot Tennis, LLC ("Contractor"), effective upon execution by the City Manager
or the City Manager's designee ("City Manager").
WHEREAS, City desires to have Contractor provide short-term management and
operational services for the Al Kruse Center in response to a proposal obtained from the
Contractor;
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Al Kruse Center Management ("Services") in
accordance with the attached Scope of Work, as shown in Attachment A and as
shown in Attachment B, and the City's RFP No. 1333 the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
2. Term. This Agreement is for approximately five months,with performance commencing
upon the date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division and ending upon effective date notice of termination from the
Contract Administrator or upon effective date of a new contract for Services,
whichever occurs first. However this Agreement shall automatically terminate as of
December 31, 2018 unless earlier terminated.
3. Compensation and Payment. The City will pay the Contractor$3,166.00 per calendar
month for Services completed and accepted by the City within 30 days of receipt of
an acceptable invoice. In the event the initial term does not begin at start of a
calendar month the initial monthly invoice shall be paid on a pro rata basis. The
Contractor will retain 95% of the Pro Revenue and 50% of the City Fee Revenue as
Contractor's revenue as further defined in Attachment A. The City will obtain 5% of the
Pro Revenue and 50% of the City Fee Revenue as further defined in Attachment A.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Becky Perrin, Assistant Director
Parks & Recreation Department
(361) 826-3498
BeckyP@cctexas.com
2018-417
8/28/18
M2018-153
Sweet Spot Tennis LLC
SCANNED
(A) Before performance can begin under this Agreement, the Contractor must deliver
a certificate of insurance ("COI"), as proof of the required insurance coverages, to the
City's Risk Manager and the Contract Administrator. Additionally, the COI must state
that the City will be given at least 30 days' advance written notice of cancellation,
material change in coverage, or intent not to renew any of the policies. The City must
be named as an additional insured. The City Attorney must be given copies of all
insurance policies within 10 days of the City Manager's written request. Insurance
requirements are as stated in Attachment C, the content of which is incorporated by
reference into this Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of the
Contractor to be provided to the City under this Agreement before performance can
commence, the terms, conditions, and amounts required in the bonds and
appropriate surety information are as included in the RFB/RFP or as may be added to
Attachment C, and such content is incorporated here in this Agreement by reference
as if each bond's terms, conditions, and amounts were fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be provided by
the Contractor over a period of time, the City will exercise its right to specify time, place
and quantity of Services to be delivered in the following manner: any City department
or division may send to Contractor a purchase release order signed by an authorized
agent of the department or division. The purchase release order must refer to this
Agreement, and Services will not be rendered until the Contractor receives the signed
purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by the
City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the Contractor,
a replacement service may be procured by the City on the open market and any costs
incurred, including additional costs over the item's bid/proposal price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
8. Warranty. The Contractor warrants that all products supplied under this Agreement are
new, quality items that are free from defects, fit for their intended purpose, and of good
material and workmanship. The Contractor warrants that it has clear title to the
products and that the products are free of liens or encumbrances. In addition, the
products purchased under this Agreement shall be warranted by the Contractor or, if
indicated in Attachment D by the manufacturer, for the period stated in Attachment
D. Attachment D is attached to this Agreement and is incorporated by reference into
this Agreement as if fully set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more than
the City's actual requirements nor do the estimates restrict the City from ordering less
than its actual needs during the term of the Agreement and including any Option
Period. Substitutions and deviations from the City's product requirements or
specifications are prohibited without the prior written approval of the Contract
Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal
year of the City, which fiscal year ends on September 30th annually, is subject to
appropriations and budget approval specifically covering this Agreement as an
expenditure in said budget, and it is within the sole discretion of the City's City Council
to determine whether or not to fund this Agreement. The City does not represent that
this budget item will be adopted, as said determination is within the City Council's sole
discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,servant
or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if the
subcontractors were not named at the time of bid or proposal, as applicable. In using
subcontractors, the Contractor is responsible for all their acts and omissions to the same
extent as if the subcontractor and its employees were employees of the Contractor.
All requirements set forth as part of this Agreement, including the necessity of providing
a COI in advance to the City, are applicable to all subcontractors and their employees
to the same extent as if the Contractor and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written change
order signed by both parties. Change orders may be used to modify quantities as
deemed necessary by the City.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes. Upon request, the City Manager shall
be provided proof of payment of these taxes within 15 days of such request.
16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail. Notice must be
sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Becky Perrin, Assistant Director
Parks & Recreation Department
1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401
Fax: (361) 826-3864
IF TO CONTRACTOR:
Sweet Spot Tennis, LLC
Attn: Gerald S. Tjon-A-Joe
President
14145 La Blanquila Dr., Corpus Christi, TX 78418
17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE
CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS
("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS,
CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH
AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR
ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES
OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH
THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS
OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON.
CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND
DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND
ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY
ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS
AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance policies
in force during the entire term of this Agreement. The Contract Administrator must give
the Contractor written notice of the breach and set out a reasonable opportunity to
cure. If the Contractor has not cured within the cure period, the City Manager may
terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for convenience
upon 30 days advance written notice to the Contractor. The City Manager may also
terminate this Agreement upon 24 hours written notice to the Contractor for failure to
pay or provide proof of payment of taxes as set out in this Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any right or
interest contained herein, is effective unless the City Manager first gives written consent
to such assignment. The performance of this Agreement by the Contractor is of the
essence of this Agreement, and the City Manager's right to withhold consent to such
assignment is within the sole discretion of the City Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable and, if, for
any reason, any provision or part of this Agreement is determined to be invalid and
contrary to applicable law, such invalidity shall not impair the operation of nor affect
those portions of this Agreement that are valid, but this Agreement shall be construed
and enforced in all respects as if the invalid or unenforceable provision or part had
been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement and its attachments, such conflicts and inconsistencies will be resolved by
reference to the documents in the following order of priority:
A. this Agreement; then,
B. its attachments.
22. Governing Law and required disclosures.This Agreement is subject to all federal, State,
and local laws, rules, and regulations. The applicable law for any legal disputes arising
out of this Agreement is the law of the State of Texas, and such form and venue for
such disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas. Contractor agrees to comply with Texas Government Code Section
2252.908, as it may be amended, and to complete Form 1295 "Certificate of
Interested Parties" as part of this Agreement. In accordance with Chapter 2270, Texas
Government Code, the city may not enter into a contract with a company for goods
or services unless the contract contains a written verification from the company that
it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The signatory executing this Agreement on behalf of the Contractor verifies
that the company does not boycott Israel and will not boycott Israel during the term
of this agreement.
22. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or written,
between the parties.
(SIGNATURE PAGE FOLLOWS)
CONTRACTOR
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REBECCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Scope of Work
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Approved Contractor Fee Schedule
Attachment F: Approved City Fee Schedule
RFP No. 1333 AL Kruse and H-E-B Tennis Center Management and Program Services
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SECRETAR
Attachment A: Scope of Work
1. General Requirements
A. The Contractor will operate and manage the City of Corpus Christi's Al Kruse
Center ("The Center") located at 502 King Street, Corpus Christi, TX 78401.
B. The City will pay the Contractor$3,166.00 per month, payable monthly by the tenth
business day of each calendar month during this contract for this service. Any
fee due after fiscal year 2018, is subject to appropriation by City council in the
applicable fiscal year budget.
C. Contractor shall be granted the exclusive right to operate and collect 95% of the
revenue from a Pro Shop at the Center including the right to:
1. Sell Merchandise
2. Rent rackets, ball machines, buckets of balls
3. String and repair rackets
4. Operate a food and drink concession
2. Scope of Work
A.Contractor shall operate the tennis center in conformity with the laws of the State of
Texas and ordinances, rules and regulation of the City of Corpus Christi.
B. Contractor shall operate and manage the Center, including without limitation, all
activities in the locker/restroom.
C. Contractor shall employ a sufficient number of employees to assist in conducting
lessons, operating the Pro Shop, and scheduling courts. All employees shall be
employees of the Contractor, not the City.
D. Contractor shall provide fidelity bonds for Contractor and any employees who
handle cash or credit cards. These bonds must be provided to the Contract
Administrator and must be a good and sufficient fidelity bond 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 term of
this agreement and any holdover period. These bonds must assure payment to the
City of all City revenue collected by Contractor and Contractor's employees on
behalf of the City and the prompt payment of five (5%) percent of Contractor's
revenue, including lesson revenue, to which City is entitled.
E. At Contractor's cost, Contractor and any assistants, sub-contractors or support
personnel shall complete a national background history check with the City prior
to instructing. The City shall retain the right to prohibit anyone from working on this
agreement based on the results of the background check.
F. Contractor shall ensure all employees conduct themselves in an orderly manner
and in keeping with the conduct required of employees in service organizations.
Contractor shall ensure that employees do not consume intoxicating substances
on premises or report to work under the influence of same. Contractor and its
employees shall use language and conduct that is suitable to families and youth.
G. None of the contract services may be subcontracted without the prior written
approval of the Contract Administrator. Contractor may not charge nor collect
any fees or rents for use of office spaces. The Director may be authorized to rent
some of the office space to non-profit tennis organizations as authorized under
separate contracts.
H. Contractor shall adequately publish and enforce all rules and regulations
governing the playing of tennis, fees and all other activities, as may be conducted
at the Center. The approved Contractor fee schedule is attached as Attachment
E. Any additional Contractor fees or changes to the Contractor Fee schedule must
be approved in advance in writing by the Contract Administrator. The approved
City fee schedule is attached as Attachment F. Contractor must not deviate from
the approved City fee schedule.
I. Contractor will provide suitable signage at the Pro Shop advising the public that
the business activity is operated by the Contractor as an independent contractor
and not operated by the City.
J. Contractor must maintain and promote a continuing program to attract citizens
and tourists to use the Center, particularly weekend play, and must maintain rental
tennis rackets for use by the public. A schedule of hours of operation for must be
posted and filed with the Contract Administrator.
K. Contractor shall organize, promote, recruit and conduct local and United States
Tennis Association (USTA) sanctioned tennis tournaments.
L. Contractor shall promote the game of tennis through youth programs.
M. Contractor must submit to the Contract Administrator, before the first of each
month, a program of activities for the forthcoming month identifying, at a
minimum, leagues, lessons, youth and adult programs, tournaments by dates and
estimated number of participants and hours of operation.
N. Contractor must notify the Contract Administrator of all dangerous conditions or
special defects. Contractor must not use, or allow to be used, any areas of the
Center which has dangerous conditions or special defects.
0. Contractor shall be responsible for providing all necessary supplies to operate and
manage the tennis center. The Contractor may collect and retain rental fees for
the utilization of their equipment such as ball machines.
P. Contractor shall be responsible for picking up trash generated by use of the Center
for classes, tournaments, clinics, camps, etc. This includes trash on and
immediately around the courts, restroom facility, and office at the beginning or
conclusion of use. Trash is defined as any discarded, unwanted or worthless
material or object.
Q. Contractor shall make no alterations to the Center without the Contract
Administrator prior written approval.
R. The City is responsible for custodial and utility service to the Tennis Center property.
The City is responsible for all agreed premise maintenance and minor repairs at the
agreed premises. Operator shall allow the City or its designees entrance during
regular business hours for the purpose of agreed premise maintenance. In
consideration of this, it is agreed that operator must make no claim for any damages
against the City for loss of income due to the City's failure to make any repairs.
S. Contractor shall make a minimum of four tennis courts available to the public
whenever the Contractor or authorized individuals are giving, or available to give
tennis lessons, with the exception of tournaments.
T. Contractor must charge and collect City Fee Revenue in accordance with
Attachment F. City Fee Revenue is defined as all court fees, permit fees, locker fees,
and other City charges for use of the facilities at the then-current rate set by the City
Council. City Fee Revenue does not include any Pro Revenue.
U. Contractor shall charge for services in accordance with the Attachment E.
Contractor may not charge any other fees except as listed on Attachment E. All fees
must adhere to the approved fee schedules without deviation. Contractor may not
negotiate separate fees.
V. Contractor has the exclusive right at the Center to give, or authorize tennis lessons,
camps, or other forms of teaching sessions. If any person receiving tennis lessons
does not have a City tennis permit, Contractor must charge the City court fee for
each lesson provided, which will be included in City Fee Revenue.
W. City is entitled to obtain 50% of the City Fee Revenue and 5% of the Pro Revenue.
Contractor is entitled to retain 50% of the City Fee Revenue and 95% of the Pro
Revenue.
X. Contractor must deposit, daily, 50 percent (50%) of the City Fee Revenue and five
percent (5%) of Pro Revenue, together with daily cash register tapes of all City Fee
Revenue and all Pro Revenue and the daily report of all revenue, at the City's
designated depository. Pro Revenue is defined as all gross revenue received from
the Pro Shop or for the services provided by the Contractor, including but not
limited to, tournaments, administrative fees, league play, summer camps,
merchandise sales, racket rentals, tennis lessons, racket stringing, racket repairs,
food and drink sales, excluding all applicable separately stated taxes and bulk
merchandise sales to schools at wholesale prices if Contractor provides the
Contract Administrator 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 Contract Administrator prior to the sale. "Administrative
Fees" are the fees that will be assessed to all leagues and tournaments to help
recover facility costs.
3. Revenue Reporting and Record Keeping
A. Contractor shall furnish to the Contract Administrator and Director of Financial Services a
monthly statement of all revenues collected at the Tennis Center on or
before the tenth day of each month during the contract term, such monthly
statement to be certified to be true and correct by signature of Contractor. The
Contract Administrator will approve the statement form prior to commencement
of the Contract. The Contractor must report all revenue collected including but not
limited to all revenue for services, fees including cleaning fees, events and product
sales. The monthly statement shall categorize Pro Revenue and City Fee Revenue
separately and accurately.
B. Contractor shall keep accurate books of account of all revenues collected at the
Tennis Center. The books of account will be open for inspection, copy, or audit by
the City Manager, or designee, at all times. All books of account and backup
documentation must be available to the Contract Administrator for review during
the City's business hours.
C. The Contractor shall document all fees collected.
D. In the event any audit determines that Contractor has not paid City in accordance
with this Contract, then Contractor shall be responsible to issue corrective payment
to City along 7% penalty on balance due to the City.
E. Contractor shall have all underlying documentation for all revenue and
Contractor's certified monthly statement, including cash register tapes, purchase
orders, invoices, sales receipts, counter information, and the like must be preserved
by the Contractor during the Contract term plus additional four years for audit
purposes.
F. Contractor shall ensure that its books and records are supported by original
documentation and that its books and records are protected to prevent intentional
or unintentional destruction, improper or unauthorized alterations, or disclosures.
Electronic records must be kept in a format that it non-erasable, non-rewriteable,
organized, and immediately produced or reproduced, with a mechanism in place
to back-up transactional dates.
ATTACHMENT B
Sweet Spot Tennis, LLC will provide a comprehensive Tennis program to Al Kruse center,
including but not limited to:
1. Private and group lessons provided with a USPTA certified tennis professional
2. A pro-shop that supplies the basic needs such as stringing, grips, sweatbands and
concessions.
3. Programming of leagues, tournaments and play days.
4. Times of operation of the center Monday thru Thursday from 9am till 9:30 p.m., Friday
from 9am to 8pm, Saturday 9am till 2pm and Sunday 1 pm till 5pm, or other times
mutually agreed upon between the Contractor and the Contract Administrator.
Attachment C - INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required
has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation endorsement is required on GL, AL and WC if
applicable. Endorsements must be provided with Certificate of Insurance.
Project name and/or number must be listed in Description Box of Certificate of
Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
Commercial Broad Form
2. Premises-Operations
Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
CRIME $500,000 per occurrence
PROPERTY Contractor will be responsible for
1. Replacement cost providing property coverage for any
and all damage to personal
property or equipment, regardless if
owned, rented, leased or borrowed
that is stored on-site.
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
• Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City
of any, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal,
material change or termination of coverage, Contractor shall provide
a replacement Certificate of Insurance and applicable endorsements
to City. City shall have the option to suspend Contractor's performance
should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall
constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's
failure to provide and maintain any insurance or policy endorsements to
the extent and within the time herein required, the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any
payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this
contract.
H. It is agreed that Contractor's insurance shall be deemed primary and
non-contributory with respect to any insurance or self insurance carried
by the City of Corpus Christi for liability arising out of operations under
this contract.
It is understood and agreed that the insurance required is in addition to
and separate from any other obligation contained in this contract.
Page 14 of 18
Attachment D: Warranty
Warranty is not applicable for this service.
Page 15 of 18
ATTACHMENT E
Approved Contractor Fee Schedule
A.Lessons
Director of Tennis one hour lesson/per player $ 60.00
half hour lesson/per player $ 30.00
semi private one hour/per player $ 30.00
semi private half hour/per player $ 15.00
45 minutes/per player $ 45.00
3 player lesson one hour/per player $ 20.00
4+player lesson one hour/per player $ 15.00
Head Pro one hour lesson/per player $ 50.00
half hour lesson/per player $ 25.00
semi private one hour/per player $ 25.00
3 player lesson/per player $ 18.00
4 player lesson/per player $ 16.00
5+player lesson/per player $ 12.00
Assistant Pro one hour lesson/per player $ 45.00
half hour lesson/per player $ 22.50
semi private one hour/per player $ 22.50
3 player lesson one hour/per player $ 15.00
4 player lesson one hour/per player $ 12.00
5+player lesson one hour/per player $ 10.00
B.Introductory/Special Event
morning playday/per player $ 10.00
adult beginners class one hour/per player $ 9.00
cardio class one hour/per player $ 9.00
C.Programming
Junior Program/summer summer camp 4 days/per player $ 165.00
summer camp mornings 4 days/ per player $ 145.00
10%discount second/third child summer camp drop in one day/per player $ 47.50
10%discount after 3 weeks attending summer camp drop in morning/per player $ 38.00
summer camp drop in afternoon/per player $ 9.00
Page 16 of 18
back to school 4 mornings/per player $ 91.00
back to school drop in/per player $ 24.00
10 and under summer one hour/per player $ 6.50
Junior Program/Fall-Spring prep high performance 8 lessons/per player $ 72.00
high performance 8 lessons/per player $ 120.00
high performance 12 lessons/per player $ 180.00
drop in prep high performance/per player $ 10.00
drop in high performance/per player $ 17.00
Holiday Junior Camps 4 mornings/per player $ 91.00
3 mornings/per player $ 72.00
D.Tournament
one day tournament/per player $ 15.00
two day tournament/per player $ 22.00
E. Miscellaneous
ball machine rental 11/2 hour $ 22.00
demo racket rental 11/2 hour $ 10.00
F.Administration Fees
Tournaments(HEB) 22max courts(Full day) $ 425.00
22max courts(Half day) $ 210.00
10max courts(Full day) $ 210.00
10max courts(Half day) NEW
Tournaments(Al Kruse) 10max courts(Full day) $ 210.00
10max courts(Half day) NEW
HEB&Al Kruse League Fees(per/match) $ 10.00
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ATTACHMENT F
Approved City Fee Schedule
A. I Court Fees
Outdoor
Open Play(per/player) $ 3.00
Tennis League(per/player) $ 2.00
Private Lesson (per/player) $ 1.50
Semi-Private/Group Lesson (per/player) $ 1.50
Covered Pavilions(HEB)
Open Play(per/player) $ 7.00
Per player(tennis league) $ 2.00
Private Lesson (per/player) $ 4.50
Semi-Private/Group Lesson (per/player) $ 2.25
B. Facility Rental Fees
HEB Tennis Center
22max courts(Full day-6 or more hrs) $ 175.00
22max courts(Half day) $ 90.00
11max courts(Full day-6 or more hrs) $ 90.00
11max courts(Half day) NEW
Al Kruse Tennis Center
10max courts(Full day-6 or more hrs) $ 90.00
10max courts(Half day) NEW
Annual and Semi-Annual
C. Fees
Adult Annual $ 160.00
Adult Semi Annual $ 110.00
Youth Annual $ 75.00
Youth Semi-Annual $ 60.00
Family Annual $ 300.00
Family Semi-Annual $ 160.00
Non Resident(3 Month Pass) $ 60.00
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