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Home My WebLink AboutContract 48111-A2 CSC No. 48111-A2 SECOND AMENDMENT TO CITY SCRETARY CONTRACT NO.481119 A MANAGEMENT AGREEMENT FOR MCLELAND TENNIS CENTER THIS SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 48111, ("Second Amendment") is made and entered into by and between the City of Fort Worth, Texas, 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., a Texas corporation ("Contractor"), acting by and through Matt Hanlin,its President. 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,which is located at 1600 West Seminary Drive,Fort Worth,Texas 76115; WHEREAS, the City and the Contractor entered into an agreement for the Contractor to manage McLeland Tennis Center,the same being City Secretary Contract("CSC")Number 48111 ("Agreement"); WHEREAS, the parties amended the Agreement to, among other things, clarify ownership and management of websites and social media related to the Center,the same being CSC Number 48111-A1; WHEREAS, Contractor is required to pay the City an annual capital improvement fee, which is set at$9,000.00 for the 2020-2021 contract year(September 1,2020); WHEREAS, in lieu of paying the City the entire amount, the Contractor desires to make capital improvements to the Center in an amount up to $4,500.00,which will include resurfacing the hitting wall, repurposing two tennis courts into four pickleball courts,and improving the inside and outside playing area. NOW, THEREFORE, in consideration of covenants and promises contained herein and other good and valuable consideration,the sufficiency of which is hereby acknowledged,the City and Contractor agree to amend the Agreement as follows: I. AMENDMENT 1. Section 4.2 of the Agreement is amended to set forth the payment structure for the capital improvement fee for the 2020-2021 contract year(September 1, 2020). Section 4.2(b-1) is hereby added to the Agreement to read as follows: "(b-1) Contractor is required to pay the City a CIF in the amount of $9,000.00 for the 2020-2021 contract year (September 1, 2020). Contractor agrees to pay the City $4,500.00 in CIF in full on or before September 10, 2020, with the remaining $4,500.00 to be spent by the Contractor on the following capital improvements to the Center: resurfacing the hitting wall, repurposing two tennis courts into four pickleball courts, and improving the inside and outside playing area. ("Contractor Improvements"). In the event that Contractor does not complete the Contractor Improvements by December 30, 2020, then the OFFICIAL RECORD Contractor must remit the remaining CIF payment of$4,500 to the City. CITY SECRETARY FT. WORTH, TX Second Amendment to CSC 48111 1 of 3 All Contractor Improvements will be performed in accordance with the terms of this Agreement." II. MISCELLANEOUS 1. All terms of this Second Amendment that are capitalized but not defined have the meanings assigned to them in the Agreement. 2. All terms and conditions of the Agreement that are not expressly amended pursuant to the Second Amendment remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment in multiples in Tarrant County,Texas,this day of ,2020. CITY OF FORT WORTH LIFETIME TENNIS,INC. By: Valerie Washington(Sep 11,2020 12:21 CDT) By:Matthew Han[in(Aug 28,2020 10:18 CDT) Valerie Washington Matt Hanlin Assistant City Manager President and Executive Director RECOMMENDED: R�r1)ZAIM& Richard Zavala(Sep 11,202010:49 CDT) Richard Zavala,Director Park&Recreation Department 12L:L-� Sandra Youn o (Aug28,202008:52CDT) Sandra Youngblood,Assistant Director Park&Recreation Department APPROVED AS TO FORM AND LEGALITY: Tyler Wallach Tyler Wallach(Sep 11,202010:54 CDT) Tyler Wallach Sr.Assistant City Attorney pp-p4Uan�� ATTEST: cis o v d Po o=d Mary J.Kayser a�a�nexp5app City Secretary Authorization: OFFICIAL RECORD M&C: C-27791 (August 9,2016) CITY SECRETARY FT. WORTH, TX Second Amendment to CSC 48111 2 of 3 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. LRW�2`IG2 7�L0`tff�,IO`I Lawrence Thompson(Aug 28,2 2010:26CDT) Lawrence Thompson, Superintendent of Athletics Park and Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Amendment to CSC 48111 3 of 3 8/26/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII 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/councii—packet/mc—review.asp?ID=22401&councildate=8/g/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 I ID I Year Chartfield 2 101001 0808081 1 4620001 1 $25,000.00 30105 0800450 4620001 100410 $5,000.00 FROM F� 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 808081 MCLELAND 1295 FORM.pgf apps.cfwnet.org/council_packet/mc_review.asp?ID=22401&councildate=8/g/2016 2/2