HomeMy WebLinkAboutContract 48111-A4 CSC No. 48111-A4
FOURTH AMENDMENT OF CITY SECRETARY CONTRACT NO. 48111
A MANAGEMENT AGREEMENT FOR MCLELAND TENNIS CENTER
This FOURTH AMENDMENT("Fourth Amendment") is made and entered into by and between
the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("City"), acting
by and through its duly authorized Assistant City Manager, and LIFETIME TENNIS, INC., dba
IMPACT ACTIVITIES a Texas corporation ("Contractor"), acting by and through its duly authorized
representative. City and Contractor are herein referred to individually as a("Party") and collectively as the
("Parties").
WHEREAS,the City owns certain dedicated parkland known as Rosemont Park, located at 1400
West Seminary Drive, Fort Worth, Texas 76115 ("Park");
WHEREAS,a portion of the Park has been set aside for the operation of a municipal tennis facility
known as the McLeland Tennis Center, located at 1600 West Seminary Drive, Fort Worth, Texas 76115;
WHEREAS, on September 1, 2016, City and Contractor entered into a Management Agreement
for McLeland Tennis Center to provide professional tennis management services for the convenience and
enjoyment of the public, the same being City Secretary Contract(CSC)No. 48111 ("Agreement");
WHEREAS, the Agreement provides a primary term of five-years and may be renewed for two-
successive five-year periods(each a"Renewal Term");
WHEREAS, on May 9, 2017, the Parties executed a First Amendment to, among other things,
clarify ownership and management of websites and social media related to the Center,the same being CSC
No. 48111-A1;
WHEREAS, Contractor was required to pay the City an annual capital improvement fee, which
was set at$9,000 for the 2020-2021 contract year(September 1, 2020);
WHEREAS, in lieu of paying the City the entire amount,the Contractor desired to make capital
improvements to the Center in an amount up to $4,500.00 which included resurfacing the hitting wall,
repurposing two tennis courts into four pickleball courts,and improving the inside and outside playing area;
WHEREAS, on September 11, 2020, the Parties executed a Second Amendment to set forth the
payment structure for the capital improvement fee for the 2020-2021 contract year, the same being CSC
No. 48111-A2;
WHEREAS, on July 16, 2021, the Parties executed a Third Amendment to update Contractor's
registered business name and clarify the terms and conditions under-Section 4 "Rental Payments to City";
WHEREAS, on July 16, 2021, the Parties exercised the First Renewal to extend the Agreement
through August 31, 2026;
WHEREAS,the Parties wish to amend the Agreement to revise subsection 3.6 "Concessions";
and
NOW, THEREFORE, City and Contractor agree to amend and renew the Agreement as follows:
OFFICIAL RECORD
Fourth Amendment of CSC 48111 CITY SECRETARY
FT. WORTH, TX
I.
Section 3, subsection 3.6 (a) of the Agreement is hereby amended to be and read as follows:
(a) Contractor shall have the exclusive right to all food and drink concessions at the Center.
Contractor shall provide food service or snack service at the Center. Contractor shall either
provide a food service area consisting of foods prepared at the Center, or at minimum, a snack
service consisting of an assortment of soft drinks in vending machines (including, but not
limited to, caffeine-free, diet, cola, non-cola, and non-carbonated) and an assortment of snack
foods (including, but not limited to, cookies, crackers, chips, nuts, cakes, and candy board) in
stock at all times. No items in glass containers may be offered for sale at the Center.
Chewing gum may not be offered for sale at the Center. With approval from the Park&
Recreation Department Director, Contractor may sell, provide, or permit possession or
consumption of alcoholic beverages at the Center.
II.
a. All terms in this Fourth Amendment that are capitalized but not defined shall have the
meanings ascribed to them in the Agreement.
b. All terms and conditions of the Agreement that are not expressly amended pursuant to
this Fourth Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment in Tarrant
County, Fort Worth, Texas.
City: Contractor:
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By: 1� By: Matthew Hardin{Sep6,202210:48CD-0
Name: Jesica McEachern Name: Matt Hanlin
Title: Assistant City Manager Title: President and Executive Director
Date: Sep 9, 2022 Date: Sep 6, 2022
OFFICIAL RECORD
Fourth Amendment of CSC 48111 CITY SECRETARY
FT. WORTH, TX
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
49Vfo.-I responsible for the monitoring and administration
By: of this contract, including ensuring all
Name: Dave Lewis Title: Acting Director performance and reporting requirements.
Park&Recreation Department
By:
Approved as to Form and Legality: Name: Marcus Gallegos
Title: District Superintendent
�L k= Park&Recreation Department
By: Nico Arias(Sep 6,2022 08:26 CDT)
Name: Nico Arias
Title: Assistant City Attorney City Secretary:
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By: Jannette S.Goodall(Sep 9,202210:32 CDT)
Contract Authorization: Name: Jannette S. Goodall
M&C: C-27791 (8/9/2016) Title: City Secretary '�do4c�R
Form 1295: 2016-62592 O�o0 0oo0Q �j���
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OFFICIAL RECORD
Fourth Amendment of CSC 48111 CITY SECRETARY
FT. WORTH, TX
8/26/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWoun
COUNCIL ACTION: Approved on 8/9/2016
CONTINUED FROM A PREVIOUS WEEK
DATE: 6/21/2016 REFERENCE NO.: C-27791 LOG NAME: 808081MCLELAND
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Contract with Lifetime Tennis, Inc., to Operate and Manage the
McLeland Tennis Center (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Lifetime Tennis,
Inc., to manage and operate the McLeland Tennis Center, with an initial term of five years and two
optional five-year renewal periods.
DISCUSSION:
The Park and Recreation Department (Department) will use this contract to manage activities at the
Don McLeland Tennis Center (Center). The existing contractor, 2tennis.net, began managing the
Center on April 6, 2005 and was awarded three separate contractual renewals as well as a one-year
extension in 2015, totaling 11 years and 2 months as the day-to-day organization operating the
Center. Based on benchmarking of other cities and because the contract with 2tennis.net had been
in place for over 10 years, the Department determined it to be in the best interest of the City to solicit
management services proposals on the open market. The intent of this solicitation was to determine
if more financially advantageous terms could be realized while enhancing program services for tennis
patrons.
The terms of the new contract provide for Lifetime Tennis, Inc., (Lifetime) to assume all personnel and
operational costs related to the day-to-day operations at the Center and retain all revenues generated
at the Center. The Center rental payment will be $25,000.00 annually. This payment is 138 percent
higher than the current contract with 2tennis.net.
In addition to the annual rental fee, Lifetime will pay the City an annual capital improvement fee,
which will be set at $5,000.00 for the first year and increase by $1,000.00 for each subsequent
year. The capital improvement fee will be placed in a special purpose fund for capital improvement
investments at the Center. At the conclusion of the initial five-year term, the contract may be renewed
for two additional five-year periods upon mutual consent of the parties.
The terms of the new Agreement also require Lifetime to provide the following: 97 hours of weekly
Center operations; creation and maintenance of a website; offer on-line player registrations and
reservations; provide insurance coverage; keep adequate books and records; and provide tennis
lessons, clinics, leagues, summer instructional camps and tournaments. The City will be responsible
for utilities, replacement and maintenance of tennis nets and windscreens and daily upkeep of the
external grounds at the Center.
RFP ADVERTISMENT-A Request for Proposals (RFP) was advertised in the Fort Worth Star-
Telegram on Wednesdays between March 23, 2016 and April 13, 2016. Additionally, 48 vendors
were solicited from the purchasing vendors' database system. On April 14, 2016, two responses
were received, including one from the current vendor 2tennis.net and one from Lifetime. The
proposals were reviewed by an evaluation committee consisting of Staff from the Park and
Recreation and Public Events Departments and the president of the Fort Worth Tennis
Association. The evaluation factors included firm's qualifications, financial stability and previous
experience, qualifications and experience of management team, completeness of proposal response
apps.cfwnet.org/council_packet/mc_review.asp?ID=22401&councildate=8/9/2016 1/2
8/26/2020 M&C Review
and revenue to the City. The proposal from Lifetime was found to be fair and reasonable and
presents the best value to the City.
In addition, the proposal from Lifetime expands the operational hours from the current 60 hours per
week to 97 hours per week, will result in an additional net payment to the City of$90,000.00 over the
primary term (including waiver of court use practice fees for FWISD tennis teams and capital
investment into the facility), increases the number of youth tournaments and provides for the addition
of an online reservation system and facility/program application. The proposal also retains the
current fee structure for a minimum of 12 months and Lifetime will retain all current successful
classes, drills and events. Lifetime currently manages the City of McKinney's tennis center as well as
five other locations outside Texas.
The Don McLeland Tennis Center is located in COUNCIL DISTRICT 9 and serves the entire City.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Park and Recreation Department will be responsible for the
collection of funds due to the City of Fort Worth under this contract.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I I I Year Chartfield 2
101001 0808081 1 4620001 1 1 1 $25,000.00
30105 0800450 4620001 100410 $5,000.00
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Nancy Bunton (5717)
ATTACHMENTS
808081MCLELAND 1295 FORM.pgf
apps.cfwnet.org/council_packet/mc_review.asp?ID=22401&councildate=8/9/2016 2/2