HomeMy WebLinkAboutContract 31681-A3 CITY SECRETARY
CONTRACT NO 3WS►-
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FORT WORTH AND
2TENNIS.NET, L.L.C.
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT
This MEMORANDUM OF UNDERSTANDING ("M.O.U.") is made and entered into by and
between THE CITY OF FORT WORTH ("CITY"), a home-rule municipal corporation of the State of
Texas, acting by and through its duly authorized Assistant City Manager, and 2TENNIS.NET,
L.L.C. ("CONTRACTOR"), a Texas Limited Liability Company, acting by and through its duly
authorized President
WHEREAS, on April 5, 2005, the Fort Worth City Council approved M&C C-20641,
which authorized execution of an agreement with CONTRACTOR for management of
operations at the McLeland Tennis Center; and
WHEREAS, pursuant to this authority, the CITY entered into a Management Contract
with CONTRACTOR, the same being City of Fort Worth City Secretary Contract No. 31681,
("CONTRACT"); and
WHEREAS, the contract provided for an initial three-year term with two, one-year
renewal options; and
WHEREAS, the parties have exercised both renewal options and the second renewal
period expires on April 14, 2010; and
WHEREAS, the CITY will develop a new Request for Proposal and requires a
concessionaire to operate the McLeland Tennis Center until the proposals are returned, evaluated
and a successful vendor is approved; and,
OFFICIAL RECORD
CITY SECRETARY
' OFT.WORTH, TX
MOIi—McLeland Tennis Center
Page I o1 4
WHEREAS, the CONTRACTOR wishes to enter into this MOU so that 2TENNIS.NET,
L.L.C. can continue their current operating relationship with CITY until such time as a contract
with the new operating vendor becomes effective.
NOW THEREFORE, for and in consideration of the mutual covenants, promises and
agreements contained herein, the CITY and CONTRACTOR do hereby covenant and agree as
follows:
1. Term of M.O.U.
1.01 This M.O.U. shall govern the obligations and duties of the parties with
respect to operation and management of the McLeland Tennis Center ("Center") for a
period beginning April 15, 2010, and ending January 2, 2010, unless terminated
earlier in accordance with Section 1.02.
1.02 Either party may terminate this M.O.U., with or without cause, by
providing the other party at least thirty (30) days' advance written notice of the intent
to terminate.
2. Right to Audit
2.01 CONTRACTOR agrees that the CITY shall, until the expiration of three
(3) years after final payment under this M.O.U., have access to and the right to
examine any directly pertinent books, documents, papers, and records of the
CONTRACTOR involving transactions relating to this M.O.U., the CONTRACT, or
both. Such records include, but are not limited to, those associated with revenues and
expenses of pro shop operations and any special events conducted. CONTRACTOR
agrees that the CITY shall have access during normal working hours to all necessary
CONTRACTOR facilities and shall be provided adequate and appropriate workspace
in order to conduct audits in compliance with the provisions of this section. The
CITY shall give CONTRACTOR reasonable advance notice of intended audits.
2.02 CONTRACTOR shall require all of its subcontractors to include in their
subcontracts a grant of audit rights in favor of City in substantially the same form as
above.
3. Applicability of Other CONTRACT Terms
The CITY and CONTRACTOR agree to continue to operate under and be bound by
all terms and provisions of the CONTRACT during the Term of this M.O.U. save
and except "SECTION 3. TERM." A copy of the CONTRACT is attached hereto as
MOU—McLeland Tennis Center
Page 1 ot'4
Exhibit A and incorporated herein for all purposes as though it were set forth at
length.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
MOU—McLeland Tennis Center
Page 1 of 4
1
IN WITNESS WHEREOF, the parties hereto have executed this agreement this owl day of
2010.
CITY OF FORT WORTH 2tennis.net, L.L. NT TOR)
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Charl s W. Daniels Thomas Buell
Assistant City Manager President
ATTEST: 6629 Crooked Stick Dr.
f'\�\ I Fort Worth, Texas76132
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City Secretary o� ORa
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Denis . McElroy/)
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Assistant City Att ey aaa� XA' v
Original contract -M&C: C-20641
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10L V1cLeland Tenors Center OFFICIAL. RECORD
Page , of 3 CITY SECRETARY
FT. WORTH. TX