HomeMy WebLinkAboutContract 49692 CITY SECRETARY �
CONTRACT NO.
FoRTWORTH,
LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into by and between the City of Fort Worth,
Texas, a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized
Assistant City Manager ("City"), and Fort Worth Tennis Patrons Association, Inc, a Texas non-profit
corporation, acting by and through its duly authorized representative ("Licensee").
WHEREAS,the City owns various parks that contain tennis courts;
WHEREAS, Licensee is a non-profit, community tennis association of the United States Tennis
Association that provides programming, leagues, and other programs and events that develop and
promote the growth of tennis in Fort Worth;
WHEREAS, Licensee's mission is to develop and promote the growth of tennis in Fort Worth,
emphasizing the development of tennis skills, sportsmanship, self-reliance, and leadership qualities in
participants and encouraging the well-being and health of Fort Worth residents through tennis;
WHEREAS, the cost of attending and participating in such Tennis Activities can often be cost-
prohibitive, discouraging many from enjoying the recreational benefits of tennis;
WHEREAS, playing tennis has many health benefits, including, but not limited to, increasing
aerobic capacities; lowering resting heart rate and blood pressure; improving metabolic function and bone
density; lowering body fat; and improving muscle tone, strength, and flexibility;
WHEREAS,tennis is recognized as a lifetime sport, allowing individuals of all ages to partake in
its health benefits;
WHEREAS, Licensee desires to use the City's tennis courts to provide affordable junior and
adult apprentice tennis programs;
WHEREAS, providing the Tennis Programs at affordable rates will help to improve access to,
and participation in,the sport of tennis, which the parties recognize will serve as a substantial recreational
and health benefit to the public because it makes tennis affordable to the general public;
11? EREAS,the City has reviewed the Licensee's request and agrees to grant the Licensee use of
11�ertain Ciao ned tennis courts in accordance with the terms and conditions of this Agreement.
NO HEREFORE, in consideration of the mutual benefits and promises contained herein
%o \Othe w ood and valuable consideration, the recei which is hereby
e
O�yd
g y e parties agree as follows: OFFICIAL RECORD
CITY SECRETARY
6 L
greement FT.WORTH,TX 1 of 12
1. License. City hereby grants to the Licensee a non-exclusive right to use certain tennis courts within
City-owned parks ("Premises") on specified dates and times ("License Period"), all of which is set
forth in more detail in Exhibit A,which is attach hereto and incorporated herein for all purposes.
2. Use of the Premises.
a. Licensee may use the Premises during the License Period to provide affordable junior
and adult apprentice tennis programs("Tennis Program(s)") and for no other purpose.
i. Each Tennis Program must include the following:
1. A beginner's racquet and a t-shirt for each participant.
2. A minimum of six drill classes that each last for at least one hour with a
maximum of eight participants per tennis instructor.
3. All instructors must be certified tennis professionals.
4. End of session party.
ii. Licensee shall not charge more than $30.00 per junior (under 18 years of age)
and $60.00 per adult(18 years of age and over) for each Tennis Program.
iii. To the extent that scholarships are available, Licensee will provide such
scholarships to help offset the costs associated with the Tennis Programs for
individuals that cannot otherwise afford to participate in the Tennis Programs.
b. Any parking shall be on a first come first served basis and shall be available to all users
of the respective parks without preference to the Licensee. Licensee's use of the Premises
shall be subject to the all rules, regulations, and policies of the Park and Recreation
Department.
c. Use of the Licensed Premises shall be limited to the Licensee and anyone participating in
the Tennis Programs.
3. Term and License Period. Unless terminated earlier pursuant to the terms herein, the primary term
of this Agreement shall be effective beginning on March 25, 2017 and expire on November 30, 2017
("Primary Term"). This Agreement may be renewed for the following two consecutive periods:
March through November of 2018 and March through November of 2019, upon mutual written
agreement of the parties (each a"Renewal Term").
4. Consideration. The substantial recreational and health benefits to be received by the general public
from Licensee's use of the Licensed Premises to conduct its Tennis Programs at the affordable rates
set forth in Section 2 shall serve as sufficient consideration for the use of the Licensed Premises
during the Primary Term and any Renewal Term of this Agreement. Because affordability of the
Tennis Programs is a material term of this Agreement, Licensee agrees not to increase the rates of the
Tennis Programs during the term then in effect. Any increase in rates of the Tennis Programs as set
License Agreement 2 of 12
forth in the recitals to this License shall be construed as a breach of contract subject to termination as
set forth herein.
5. Reports.
a. Within thirty (30) calendar days after the end of each seasonal Tennis Program (Spring,
Summer, and Fall), Licensee shall provide the Director of the Park and Recreation
Department or that persons designee ("Director") with a report detailing the following
about the preceding season: number of Tennis Program participants, breakdown of the
population being served, program outputs, outcomes, and program revenues and
expenses.
6. Termination.
a. Termination for Convenience. The City may terminate this Agreement for convenience
with thirty(30)calendar days' written notice.
b. Termination for Cause. The City may terminate this Agreement for cause in the event
Licensee fails to perform in accordance with the terms and conditions contained herein.
In such event,the City shall give Licensee written notice of Licensee's failure to perform,
giving Licensee fourteen (14) calendar days to come into compliance with the
Agreement's requirements. If Licensee fails to come into compliance with this
Agreement, City shall notify Licensee, in writing, and this Agreement shall be terminated
as of the date of such notification. Termination of this Agreement under this provision
shall not relieve the Licensee of any damages resulting from a breach or a violation of the
terms of this Agreement
7. Use not Exclusive. This Agreement and all rights granted to Licensee herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and
other authorizations for use of the Licensed Premises to other persons and entities as the City deems
appropriate in accordance with applicable law; provided, however, that in granting subsequent
authorization for use,the City will not allow a use that will unreasonably interfere with the Licensee's
use of the Premises as provided herein.
8. Liability. Licensee covenants and agrees to release City, its officers, agents,representatives, servants,
and employees, from any and all claims or suits for property damage, personal injury, or any other
type of loss or adverse consequence related in any way to the existence of this Agreement or the use
and occupancy of the Licensed Premises or the City parks. Furthermore, City shall not be liable to
Licensee for any damage or theft of Licensee's equipment, facilities, or other contents. Licensee shall
ensure that each and every person enters the Premises as part of this Agreement executes the City's
release, waiver, and indemnification agreement prior to entering the Premises. Licensee shall retain a
License Agreement 3 of 12
copy of said agreement during the term of this Agreement and for three years thereafter and shall
provide the City with all originals upon request.
9. INDEMNIFICATION. LICENSEE SHALL AND DOES HEREBY AGREE TO INDEMNIFY,
PROTECT, DEFEND AND HOLD HARMLESS CITY AND CITY'S EMPLOYEES,
REPRESENTATIVES, OFFICERS, AND SERVANTS FOR, FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, JUDGMENTS AND EXPENSES, (INCLUDING, BUT NOT LIMITED TO, COURT
COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE,
KIND OR DESCRIPTION (1) RELATING TO THE USE OR OCCUPANCY OF THE
PREMISES AND CITY PARKS BY LICENSEE, AND ITS EMPLOYEES, DIRECTORS,
OFFICERS, SERVANTS, PATRONS, AGENTS,INVITEES,LICENSEES, CONTRACTORS,
VOLUNTEERS,OR ANY PERSON OR ENTITY USING THE PREMISES OR CITY PARKS
PURSUANT TO THIS AGREEMENT OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR ENTITY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF
LICENSEE AND ITS LICENSEES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS,
AGENTS, PATRONS, INVITEES, CONTRACTORS, VOLUTNEERS, OR ANYONE
LICENSEE CONTROLS OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH,
VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LICENSEE UNDER
THIS AGREEMENT.
10. Compliance with Laws. Licensee shall comply with all federal, state, and local laws, rules, and
regulations, as well as with all regulations,restrictions, and requirements of the Police, Fire, and Code
Compliance Departments now or hereafter in effect which are applicable to its operations.
11. Insurance. Licensee shall carry insurance as set out in Exhibit B, which is attached hereto and
incorporated herein for all purpose, unless such insurance requirements have been waived by the City.
12. Control and Maintenance of the Facilities. At all times, the Premises shall remain under the
control of the City. Licensee shall not be responsible for any maintenance, repairs, or alterations of
the Premises, unless agreed to otherwise as set forth in this Agreement.
13. Notice. All notices required or permitted under this Agreement shall be conclusively determined to
have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or
representative, or(ii) received by the other party by reliable overnight courier or United States Mail,
postage prepaid, return receipt requested, at the address stated below or to such other address as one
party may from time to time notify the other in writing.
License Agreement 4 of 12
To THE CITY: To LICENSEE:
Director Fort Worth Tennis Patrons Association, Inc.
Park and Recreation Department Christine Figley
City of Fort Worth P.O. Box 100156
4200 South Freeway, Suite 2200 Fort Worth,Texas 76185
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth, Texas 76102
14. Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal, state,
county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert
or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent
alert system that may be instituted by any agency of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively,
"Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended
only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole
discretion, close or postpone the opening of its community centers, parks, or other City-owned and
operated properties and facilities in the interest of public safety and operate them as the City sees fit.
Licensee hereby agrees to release City from any and all damages associated therewith.
15. Condition of the Premises. Licensee expressly acknowledges and agrees that it has conducted a full
and complete physical examination of the Premises and hereby accepts the Premises, AS IS,
WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS
OR IMPLIED, IT BEING THE INTENTION OF CITY AND LICENSEE TO EXPRESSLY
NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY
LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF
SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE
LAW OF THE STATE OF TEXAS.
License Agreement 5 of 12
16. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort
Worth Division.
17. Property and Equipment. All of Licensee's property, equipment, and personal items ("Licensee's
Property") shall be removed from the Premises and City Parks at the termination of Licensee's use of
the Premises. If Licensee's Property is not removed as provided herein, City shall have the right to
cause Licensee's Property to be removed at the expense of Licensee. City assumes no responsibility
for equipment supplied by Licensee or another party. City reserves the right to approve all equipment
used by Licensee and the supplier thereof.
18. Safety. Licensee shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Licensee's use of the Premises and City parks.
19. Binding Effect. The terms and provisions of this Agreement shall inure to the benefit of and be
binding upon City and Licensee and their respective successors and assigns and shall be covenants
running with the land.
20. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City.
21. Charitable Organizations. Licensee agrees that, if it is a charitable organization, corporation, entity
or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or
otherwise) or limitation from and against liability for damage or injury to property or persons under
the provisions of the Charitable Immunity and Liability Act of 1987, C.P.R.C., § 84.001 et seq., or
other applicable law,that Licensee hereby expressly waives its right to assert or plead defensively any
such immunity or limitation of liability as against City.
22. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of the other party. Any attempt to assign this Agreement without the required
consent is void and without force and effect.
23. Entire Agreement. This Agreement contains all of the agreements between the parties respecting the
subject matter hereof, and no prior representations or statements, verbal or written, have been made
modifying, adding to, or changing the terms of this instrument.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
License Agreement 6 of 12
By executing this Agreement, Licensee agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF FORT WORTH: FORT WORTH TENNIS PATRONS
ASSOCIATION,INC.
By: By:
Su Alanis Christine Figley
As stant City Manager Vice President
APPROVED AS TO FORM
AND LEGALITY:
lEyle>" ach
Assistant C' Attorney
OF Fp
ATTESTED BY:
Mecrtyeta 0 `
Contract Authorization:
M&C: C-28335 JS
Form 1295:at
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
License Agreement 7 of 12
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
` James Lacey III
Park Operations Contract Compliance Specialist
License Agreement 8 of 12
EXHIBIT A
PRIMARY TERM SCHEDULE
SPRING 2017
Days Park Location Start End Day of the
Time Time Week
3/28,4/4,4/11,4/18,4/25,5/2 Fire Station 3:30 PM 4:30 PM Tuesday
3/28,4/4,4/11,4/18,4/25,5/3 Fire Station 4:30 PM 5:30 PM Tuesday
3/28,4/4,4/11,4/18,4/25,5/4 Fire Station 6:00 PM 7:00 PM Tuesday
3/30,4/6,4/13,4/20,4/27,5/4 Southwest 3:30 PM 4:30 PM Thursday
3/30,4/6,4/13,4/20,4/27,5/5 Southwest 4:30 PM 5:30 PM Thursday
3/25,4/1,4/8,4/15,4/22,4/29 Monticello Park 9:00 AM 10:00 Saturday
AM
3/25,4/1,4/8,4/15,4/22,4/30 Monticello Park 10:00 11:00 Saturday
AM AM
3/25,4/1,4/8,4/15,4/22,4/31 Monticello Park 11:00 12:00 Saturday
AM PM
SUMMER 2017
Days Park Location Start End Day of the
Time Time Week
6/19,6/26,7/10,7/17,7/24,7/31 Fire Station 3:30 PM 4:30 PM Tuesday
6/19,6/26,7/10,7/17,7/24,7/31 Fire Station 4:30 PM 5:30 PM Tuesday
6/19,6/26,7/10,7/17,7/24,7/31 Fire Station 6:00 PM 7:00 PM Tuesday
6/21,6/28,7/12,7/19,7/26,8/3 Southwest 3:30 PM 4:30 PM Thursday
6/21,6/28,7/12,7/19,7/26,8/3 Southwest 4:30 PM 5:30 PM Thursday
6/24, 7/1,7/15,7/22,7/29,8/5 Monticello Park 9:00 AM 10:00 Saturday
AM
6/24,7/1,7/15,7/22,7/29,8/5 Monticello Park 10:00 11:00 Saturday
AM AM
6/24,7/1,7/15,7/22,7/29,8/5 Monticello Park 11:00 12:00 Saturday
AM PM
6/24,7/8,7/15,7/22,7/29,8/5 Overton Park 8:30 AM 9:30 AM Saturday
6/24,7/8,7/15,7/22,7/29,8/5 Overton Park 9:30 AM 10:30 Saturday
AM
6/24,7/8,7/15,7/22,7/29,8/5 Overton Park 10:30 11:30 Saturday
AM AM
FALL 2017
Days Park Location Start End Day of the
Time Time Week
10/3, 10/10, 10/17, 10/24, 11/7, Fire Station 3:30 PM 4:30 PM Tuesday
11/14
10/3,10/10,10/17,10/24, 11/7, Fire Station 4:30 PM 5:30 PM Tuesday
11/14
10/3, 10/10, 10/17, 10/24, 11/7, Fire Station 6:00 PM 7:00 PM Tuesday
11/14
License Agreement 9 of 12
10/5, 10/12, 10/19, 10/26, 11/2, Southwest 3:30 PM 4:30 PM Thursday
11/9
10/5, 10/12, 10/19, 10/26, 11/2, Southwest 4:30 PM 5:30 PM Thursday
11/9
10/7, 10/14, 10/21, 10/28, 11/4, Monticello Park 9:00 AM 10:00 Saturday
11/11 AM
10/7, 10/14, 10/21, 10/28, 11/4, Monticello Park 10:00 11:00 Saturday
11/11 AM AM
10/7, 10/14, 10/21, 10/28, 11/4, Monticello Park 11:00 12:00 Saturday
11/11 AM PM
10/2, 10/9, 10/16, 10/23, 11/6, Highland Hills 3:30 PM 4:30 PM Monday
11/13
10/2, 10/9, 10/16, 10/23, 11/6, Highland Hills 4:30 PM 5:30 PM Monday
11/13
10/2, 10/9, 10/16, 10/23, 11/6, Highland Hills 6:00 PM 7:00 PM Monday
11/13
10/4, 10/11, 10/18, 10/25, 11/8, Wedgewood Park 3:30 PM 4:30 PM Wednesday
11/15
10/4, 10/11, 10/18, 10/25, 11/8, Wedgewood Park 4:30 PM 5:30 PM Wednesday
11/15
10/4, 10/11, 10/18, 10/25, 11/8, Wedgewood Park 6:00 PM 7:00 PM Wednesday
11/15
10/2, 10/9, 10/16, 10/23, 11/6, Western Hills 3:30 PM 4:30 PM Monday
11/13
10/2, 10/9, 10/16, 10/239 11/6, Western Hills 4:30 PM 5:30 PM Monday
11/13
10/29 10/99 10/16, 10/23, 11/69 Western Hills 6:00 PM 7:00 PM Monday
11/13
License Agreement 10 of 12
EXHIBIT B
INSURANCE
1.01 Duty to Acquire and Maintain. Licensee shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect, to provide coverage of the types and
amounts specified herein, naming the City as an additional insured as set forth herein, and covering all
public risks related to the use, occupancy, condition, maintenance, existence, or location of the Premises.
The insurance required hereunder may be met by a combination of self-insurance and primary and excess
policies.
1.02 Types and Amounts of Coverage Required
Commercial General Liability
(1) $1,000,000.00 per occurrence,
(2) $2,000,000.00 aggregate
Worker's Compensation:
(1) As required by law
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager,
the City may at any time revise insurance coverage requirements and limits required by this Agreement.
Licensee agrees that within ten (10) days of receipt of written notice from the City, all such revisions
requested by the City will be implemented. The policy or policies of insurance shall be endorsed to
provide that no material changes in coverage, including, but not limited to, cancellation,termination, non-
renewal, or amendment, shall be made without thirty(30) days' prior written notice to the City.
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do
business in the State of Texas. Except for workers' compensation, all insurers must have a minimum
rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that required, prior
written approval of the City's Risk Management Division is required. Within ten (10) business days
following execution of this Agreement, Licensee shall ensure that City is furnished with certificates of
insurance signed by the respective companies as proof that the types and amounts of insurance coverage
required herein have been obtained. In addition, Licensee shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $5,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit or in any way affect Licensee's liability to the City or other persons as
provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage limits,
an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow
form of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on all insurance policies.
License Agreement 11 of 12
1.09 Waiver of Subrogation. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense,
to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations, or exclusions in order to
comply with the requirements of this Agreement except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
1.11 Certificate of Insurance. Licensee shall submit to the City a certificate of insurance evidencing
all required insurance coverage and any applicable endorsements.
License Agreement 12 of 12
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTH
COUNCIL ACTION: Approved on 8/15/2017
DATE: 8/15/2017 REFERENCE NO.: **C-28335 LOG NAME: 80TENNIS IN THE
PARKS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a License Agreement with the Fort Worth Tennis Patrons
Association, Inc., to Use Various City Tennis Courts to Provide Affordable Junior and
Adult Apprentice Programs Through its Tennis in the Parks Program and Authorize
Waiver of Fees (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a license Agreement with the Fort Worth Tennis Patrons Association,
Inc., to use various City tennis courts to provide affordable junior and adult apprentice programs
through its Tennis in the Parks Program;
2. Authorize waiver of fees; and
3. Find that the waiver of such fees serves to carry out the public purpose of improving affordable
access to, and participation in, the sport of tennis, which serves a substantial recreational and health
benefit to the public and that adequate controls are in place through the execution of the license
agreement to carry out such public purpose.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to enter into a license Agreement
with the Fort Worth Tennis Patrons Association, Inc., (FWTPA)for the use of the City's tennis courts
to provide affordable tennis lessons. The FWTPA is a volunteer-based, non-profit Community Tennis
Association (CTA) of the United States Tennis Association (USTA) in the Texas section. CTA is a
local, volunteer-based arm of the USTA that provides programming, leagues and other programs and
events that develop and promote the growth of tennis in its community. FWTPA organizes and
sponsors tournaments, clinics, school and after-school programs,junior camp and travel
scholarships, league championship travel, and supports Tennis on Campus and a myriad of other
tennis-related projects. FWTPA's mission is to develop and promote the growth of tennis in Fort
Worth, emphasizing the development of tennis skills, sportsmanship, self-reliance, and leadership
qualities in participants and encouraging the well-being and health of Fort Worth residents through
tennis.
The cost of attending and participating in tennis activities can often be cost-prohibitive, discouraging
many from enjoying the recreational benefits of tennis. Playing tennis has many health benefits,
including, but not limited to, increasing aerobic capacities; lowering resting heart rate and blood
pressure; improving metabolic function and bone density; lowering body fat; and improving muscle
tone, strength, and flexibility. Tennis is recognized as a lifetime sport, allowing individuals of all ages
to partake in its health benefits. FWTPA desires to use the City's tennis courts to provide affordable
junior and adult apprentice tennis programs, which will help to improve access to, and participation in,
the sport of tennis and serve as a substantial recreational and health benefit to the public because it
makes tennis affordable.
The license Agreement (Agreement) with the FWTPA is for the use of the City's tennis courts to
provide the Tennis in the Parks Program (Program), which includes junior and adult apprentice
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24459&councildate=8/15/2017 8/17/2017
M&C Review Page 2 of 2
programs and beginner tennis clinics, at various tennis court locations. The initial seven locations
include the tennis courts at Fire Station Park, Highland Hills Park, Monticello Park, Overton Park,
Southwest Park, Wedgewood Park, and Western Hills Park. Other locations will be considered in the
future. The initial term of the agreement will be approximately 8 months, effective beginning on
March 25, 2017 and expiring on November 30, 2017. The parties will have the right to renew the
Agreement for two consecutive periods: March through November of 2018 and 2019.
The Program will consist of six sessions of six one-hour classes, with a maximum of eight participants
per instructor. The clinics will include a certified tennis professional, a new racquet and a t-shirt for
each participant, and an end of session party.
FWTPA will provide scholarships, as available, to low-income families otherwise unable to pay the
registration fees. The registration fees do not fully cover the expenses to operate the Program and
one hundred percent of the registration fees will be used to pay for the program expenses.
The City is waiving its normal license fee for use of its tennis facilities in this manner because the
FWTPA's use will provide a clear benefit to the public as stated above. Proper controls will be in
place throughout the term of this Agreement to ensure that the beneficial public purposes stated
above will be carried out, including, a cap on charges for participation in the Program, quarterly
meetings with FWPTA to review class schedule and program outcomes, reports detailing the number
of Program participants, population breakdown, Program outputs and outcomes for each; and budget
reports detailing the Programs revenues and expenses for each season.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations will not result in any
additional appropriations in the Fiscal Year 2017 or 2018 budget.
TO
Fund Department Account Project Program ActivityI Budget I Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID Year Chartfield 2
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Sandra Youngblood (5755)
Additional Information Contact: Nancy Bunton (5717)
ATTACHMENTS
Form 1295- Fort Worth Tennis Patrons Association.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24459&councildate=8/15/2017 8/17/2017
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-186442
Fort Worth Tennis Patrons Association
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/0312017
being filed.
City of Fort Worth Date Acknowledged- i (�
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and p ide a
description of the services,goods,or other property to be provided under the contract.
Tennis in the Parks
Tennis Lessons
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under n of that the above disclosure is true and correct.
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,y STATEATE OO F 1F)(AS Signature of authorized agent of contracting business
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Sworn to and subscribed before me,by the said IA..Y ', S-V\f,,L �trje-Sd this the, -7#A day of
20�_,to certify which,witness my hand and seal of ct".
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Signature of offker adm rktg Printed nerve of offim administering 001h of ofcer oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883