HomeMy WebLinkAboutContract 31681 A"
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MANAGEMENT CONTRACT
MCLELAND TENNIS CENTER
1600 WEST SEMINARY DRIVE
FORT WORTH,TEXAS
THIS CONTRACT is made and entered into between the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as
"City"), acting,, herein by and through Libby Watson, its duty authorized Assistant City Manager, and 2
tennis.net, Inc., a Texas corporation doing business in Texas, through Thomas Buell, its duly authorized
President, whose principal place of business is located at 6629 Crooked Stick Dr., Fort Worth, TX 76132
(hereinafter referred to as"Contractor").
That for and in consideration of the mutual covenants and agreements herein contained, and other
good valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto do hereby covenant and agree as follows:
SECTION 1.
SERVICES OF CONTRACTOR
City hereby grants to Contractor, as an independent contractor, the right to operate and manage
the municipal tennis facility known as the McLeland Tennis Center (hereinafter referred to as "Center")
located at 1600 West Seminary Drive, Fort Worth,Tarrant County,Texas and Contractor hereby agrees to
manage and operate the Center in accordance with terms of this agreement.
SECTION 2.
CHARACTER AND MINIMUM EXTENT OF CONTRACTOR'S SERVICE
(1) (a) Contractor shall operate the Center as a public municipal tennis facility open
for daily play by the members of the general public, seven days a week during
at least the minimum hours stated in(e)below.
(b) The Contractor shall provide adequate staff to efficiently service customers at
the center during hours of operation.
(c) At the Contractor's discretion, Contractor may close the Center any, or part of,
all eight (8) City holidays: New Year's Day
(January 1). Martin Luther Kin,,,
Jr. Day (Third Monday in January), Thanksgiving Day (Fourth Thursday in
November) and Friday after Thanksgiving, and Christmas Day(December 25).
Memorial Day (Fourth Monday in May), Labor Day (First Monday in
September).
(d) The Contractor may close or partially close, the center for inclement weather
(snow, ice, or courts to wet for play) or similar other causes. In addition,
Contractor may elect to close the facility during the first week of Contract Year
I to facilitate Contractor's transition into the facility. Contractor shall notify the
City of any court and/or facility closures due to weather or any unforeseen
circumstances.
(e) Contractor acknowledges that the current operating hours of the center are
8:10 a.m. to 12:30 p.m. and 5:00 p.m. to 10:00 p.m. Monday through Friday,
and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday, The Contractor may
change the hours at their discretion to maximize the use of the Center,
however, in no event shall the Contractor reduce the standard operating hours'
of the Center to less than sixty (60) hours per week without.' prior NN-ntlen
corsent of the Director of Parks and Cornmunfty Services,
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(2) (a) Contractor shall provide at least one Tennis Professionals) for the Center 20
hours per week during the entire term of this contract to instruct individual and
group lessons, Tennis Professional(s) shall be on duty and available a
minimum of 40 hours per week during the hours the center is open for
business. The Tennis Professional(s) shall have current membership in the
United States Tennis Association (USIA) and certification through the United
States Professional Tennis Association (USPTA). The Contractor himself may
act hereunder as the Tennis Professional.
(b) Contractor shall provide at least one fee based session of group tennis lessons
for the beginner and advanced beginners levels for children and adults during
the spring, summer and fall seasons.
(c) Contractor shall provide at least one fee based tennis clinic for the public each
spring, summer and fall, and at least one free tennis clinic during the summer
for City of Fort Worth recreation centers and Youth Sports Program.
(d) Contractors shall provide a minimum of 2 outdoor courts for the City of Fort
Worth Summer Day Camp tennis program, which runs from the first week of
June to the second week of August. In addition, the contractor shall make any
equipment available (used tennis balls and secondary tennis racquets) upon
request from the city.
(3) (a) Contractor shall conduct a minimum of five (5) tennis leagues per year, with
each league being of six(6)to eight(8)weeks in duration, if registration
permits. Contractor shall advertise all information pertaining to leagues and
clinics through the Fort Worth Tennis Association and local USIA chapter.
(b) Leagues shall consist of Men's and Women's(singles, doubles, mixed doubles)
and Junior Team Tennis.
(c) The levels of play in each league shall be:
I. Adult: Advanced Beginner(National Tennis Rating
Program[NTRP] 2.5-3.0),Intermediate(NTRP 3.0-3.5),
Advanced Intermediate(NTRP 3.5 4.0), and Advanced
(NTRP 4.0 and up).
II. Junior team tennis provided by age divisions.
(d) If,at the time when leagues are being formed, good faith efforts are made by
Contractor to recruit, without success, for a particular type or level of play,
Contractor has the discretion to choose to not offer that type or level of league
play at that time,
(4) Contractor shall conduct a minimum of four (4) local tennis tournaments,
including a City tournament annually, in conjunction with the Fort Worth
Tennis Association, The divisions for tournaments shall be Men's Women's,
junior Girl's and Junior Boy's. All divisions must,be represented at tournament
level at some time during the year.. in at least one tournament event. Contractor
shall advertise all information pertaining to tournaments through the Fort
Worth Tennis Association and local USTA chapter. The contractor shall also
work to see that the events are publicized in the local media,
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(5) Contractor shall provide, manage and operate a Pro Shop at the Center. At a
minimum, the Pro Shop shall carry the following items on a regular(in stock at
all times) basis: tennis rackets, and tennis accessories (including tennis balls,
grip tape, head tape, vibration dampers, wrist and head bands, and other
miscellaneous items). The Pro Shop shall also provide tennis racket stringing
and repair. Contractor shall have the exclusive right to sell or rent tennis-
related equipment at the Center.
(6) 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 a minimum, a snack service consisting of an assortment of
soft drinks in vending machines (including caffeine-free, diet, cola, non-cola,
and non-carbonated) and an assortment of snack foods (including cookies,
crackers, chips, nuts, cakes, and candy bars) in stock at all times. No chewing
gum shall be provided. Contractor shall not sell or provide any alcoholic
beverages at the Center nor at any time permit the possession or consumption
of alcoholic beverages on the premises.
(7) Contractor may, at their discretion,provide for additional or other lessons(both
group and private), clinics, leagues, tournaments, services and merchandise,
consistent with the provisions of this agreement.
(8) Contractor is authorized to enforce any applicable ordinances, rules and
regulations for tennis operations, which are not superseded by the terms of the
contract.
(9) To ensure the availability of the indoor tennis courts for use by public, the
public may reserve indoor tennis courts for use up to six (6) days in advance.
Subject to advance reservation of the indoor tent is courts by the public,
Contractor, his agents, representatives, servants and employees (including the
Tennis Professional) may reserve an indoor tennis court up to twenty-four (24)
hours in advance for program and/or lessons.
SECTION 3. TERM
(1) Except as provided for in subparagraph (b) below, this contract shall be for a
three (3) year term, beginning on April 15, 2005 and ending on April 14, 2008.
The contract may be renewed for two (2) consecutive one (1) year renewal
options after the primary term, by mutual agreement between the City and the
Contractor. As used herein, the term "Contract Year" shall mean a period
beginning on April I of each year and ending on March 31 of the same year,
excepting the first week of Contract Year I to facilitate transition of new
contractor.
During the first thirty-six (3 6) months of this contract, eid=er party rnay
terntinate this contract for any reason by giving the other party at least six (6"
months advance written notice of the intent to terminate,
SECTION 4. PAVINIENTS TO CITY
(1) For the first year of the contract, 20%of the Contractor's annual net revenue or
a minimum amount of$500.00 or whatever amount is less, shall be paid by
Contractor on the last month of the contract vear as rental for the Center,
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(2) Annual guaranteed minimum amounts by Contractor as rental for the Center
for subsequent years are as follows:
Contract Year Guaranteed Animal Minimum
2 $1,000
3 $1,000
(3) The guaranteed annual minimum rental in years 2 through 5 as provided in(2),
above, shall be paid in twelve equal monthly installments, in advance on or
before the tenth (10'h) of each month. In the event that any payment is not
made as specified herein, a late payment charge of twelve percent (12%)
annually shall be charged and calculated from the date payment was required to
be made. Payments should be remitted to the Athletic Coordinator of the City
of Fort Worth located at 600 Congress Street,Fort Worth,Texas 76107.
SECTION 5. PAYMENTS TO CONTRACTOR
(1) The City shall pay to the contractor, a maximum of $4,000 for court fees.
utilized by the Fort Worth Independent School District (FWISD) for dailv
practice. Contractor will remit an itemized invoice to City on a monthly basis
indicating FWISD daily practice times and dates. Only practice play by the
FWISD is shall be applicable and reimbursed to the Contractor. FWISD
tournaments or other special events shall be charged to the FWISD Athletic
Office. Invoices for tournaments or other special events shall be remitted to the
FWISD at 1501 University Drive,Fort Worth,TX 76107.
SECTION 6. INSURANCE AND RESPONSIBILITY
(1) During the term of this contract, Contractor shall maintain in full force and
effect, at his own cost and expense, the following minimum insurance
coverage:
L Worker's Compensation Insurance-Contractor shall maintain and shall
require any and all subcontractors to maintain worker's compensation
insurance in the minimum statutors, amounts for all "employees" of
Contractor or any subcontractor employed on the premises.
Employer's liability shall be maintained at the following limits:
$100,000 each accident /occurrence, $100,000 disease per each
employee and$500,000 disease policy limit.
IL Commercial General Liability Insurance-Contractor shall maintain
commercial general liability insurance with no exclusions in the
policy in at least the minimum amount of$1,000,000 per occurrence
with an annual aggregate limit of not less than$250,000.
Automobile Liability Insurance-Contractor shall maintain automobile
liability insurance in at least the minimum amount of$100.000 on a
combined single limit or $1450,000 property damage and $500,000
bodily injury per person per occurrence. A commercial business
policy shall provide coverage on "AnN,Auto". defined as autos womed,
hired and non-owned,
(2) Contractor will be responsible for any property damage to the facility up to a
hrm't of$250,000. The Cily of Fort Worth shall retain responsibility "or Fire
and Extended Coverage Insurance on the Center itself and all futures.
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equipment and other contents of the Center owned by the City. Contractor
shall be responsible for any contents of the Center not owned by the City and
should obtain Fire and Extended Coverage Insurance therefore.
(3) Contractor shall 6c responsible for any and all intentional o,negligent acts oz
nndsuioomuf Contractor, his employees, agents,contractors, and
subcontractors.
(4) Additional Insurance Requirements
l. The City, its etRceo, cznyloyceu and servants shall 6c endorsed am an additional insured
on all insurance policies excepting employer's liability insurance coverage under
Contractor's workers'compensation insurance policy.
1 CordGcuoca of ioourouoo shall be delivered to the City of Fort Worth, ya/by and
Community Services Department, lOOO Tbrockznortou Street, Fort TVoub. TX 76102.
contemporaneously with the execution of the contract.
3. Any failure on part ofthe City `o request required insurance documentation shall not
constitute u waiver n{the insurance requirements specified herein.
4. Each insurance policy shall be endorsed to provide the City a odrdonunu thirty days
notice of cancellation, oun-rcoen/ul, and/or material change in policy terms orcoverage.
A ten days notice shall 6o acceptable io the event nf non-payment ofpoudunz.
5. Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of/\: VII or equivalent measure of financial strength and solvency.
6. Deductible limits, or self-funded retention limits, on each policy oun/ not exceed
$lO.00O.00 per occurrence unless otherwise approved 6y the City.
7. Other than worker's cnrnpeoomiou insurance, in lieu of traditional insurance, City may
consider alternative coverage ozrisk treatment measures/Eoou4h insurance pools orrisk
retention groups.The City must approve in wTiting any alternative coverage.
Q. VVozkozn' compensation iuxnzuoccpolicy(ioo) covering employees m the Tennis Center
shall be endorsed with a waiver of subrogation providing rights of recovery io favor of
the City.
9. City shall not be responsible for the direct payment of insurance premium costs for
ioummnor,
lO, All insurance policies shall each 6c endorsed m provide that such inooruooc is primary
protection and any self-funded or commercial coverage maintained by City shall not be
called upon to contribute to loss recovery.
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During the term oythe cuotraut, all koo�# loss occurrence n/hiob could give rise to
liability claim mrlaysuixor which could result ioaproperty loss xbmO be reported to the
Parks and Community Services Dcparboem-
12 Upon tire request nfCity, complete copies ofall insurance policies required bythese
contract documents will 6c provided 10 the City.
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SECTION 7. INDEMNIFICATION
CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY.,
ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS
AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE
FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE
TO, ARISE OUT OF OR BE OCCASIONED BY (i) CONTRACTOR'S BREACH
OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT
OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS,
RELATED TO THE MANAGEMENT OF THE MCLELAND TENNIS CENTER
OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY
TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE
CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF
ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL
BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
SECTION 8. UTILITIES
The City shall be responsible for all water, sewer, electricity, gas, waste disposal utility,
and ice machine rental expenses. Contractor shall be responsible for all communications
utility expenses, including local and long distance telephone charges. Contractor shall
make reasonable efforts to minimize the use of utilities by insuring light and water are
shut off during non-use periods. Contractor will provide at their own expense,
computerized point of sale cash register and any other computers utilized for back office
staffing. Contractors will provide, at their own expense, an alarm service for the
Center.
SECTION 9. COURT FEES
The Director of the Parks and Community Services Department must approve court use
fees, in writing, in advance. Contractor may set any other fees, including lessons,
tournament, and league fees, merchandise, food and beverages.
SECTION 10. TAXES
Contractor shall be responsible for all taxes associated with the operation and
management of the Center, including, without limitation, any income, sales, use or other
taxes, and any and all permits, licenses and fees associated with the operation and
management of the Center.
SECTION 11. MAINTENANCE, ALTERATION TO PREMISES
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(l) Contractor shall bcresponsible for trash, litter, vegetation, standing water, and for all
day-to-day maintenance of the tennis courts and the interior building structure. The
Contractor shall keep the facility clean in accordance with the yudm and Community
Services Department's facility cleanliness standards. The Contractor obol| he
ruspuoa86lo for repairs to the 1coniu courts and the occeuaag' rcpluccoccu of nets and
wind xorncua (up to $2.500.00 per year) due to ordinary wear and tear. City sbuU be
responsible for actual physical ooudidmo of the tennis courts, for omiu/oioiog the
outdoor grounds of the Center including )owus. landscaping and lighting, replacing
vandalized nets and windscreens, and for court resurfacing.
(2) Contractor shall not make or cause to be made any ukc/odons, additions or
inqprovemcoin, or install ur cause /o be installed any trade fiztnzcs, x6udcx or uvmiogo,
or mobc any changes or additions to the Ccogoz without prior written consent of the
Park and Community Services Director.
(3) All physical oberudoom and improvements to the facility made by Contractor upon
approval from the Parks and Corturiunity Services Director shall remain the property of
City after the term of the contract has expired. Such alterations and improvements shall
not bo removed from the property prior nuthe end of the term without the prior written
consent of the Parks and Community Services Director.Upon expiration of this contract,
Contractor ubuU remove all 6ccozuduns and uon'po/omucoz additional fixtures as
directed by the Pudm and Community Services Director. Contractor shall /osm,c the
property to the same condition as it was in at the coznozoc000eot of the coounct,
ordinary wear and »coz excluded. All dcoo/u6onx and non-permanent Oxuocx not
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removed shall,upon expiration of the contract term,become the property of the City.
(4) City agrees mprovide Contractor uclean, |ittcpfrcc6uilding at time of possession. City
will re-key all locks oi the facility prior to contractor taking possession.
(5) City agrees to make u "good taith" effort to resurface o minimum two (2) courts each
fiscal year through the City's annual budget p/nocxa, dependent on the appropriation of
funds for said project by the City Council. It is understood and agreed, bowore/. that
City does not guarantee that any courts will be resurfaced and cannot guarantee that the
City Council will appropriate the funds for such resurfacing each fiacalyear.
SECTION 12. FO{lCE&}AJEURE
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts ofGod, inclement weather. govcoonteom|zeuthchuno, regulations. or interferences,
6rca. strikes, lockouts, national @aoatem, /im$, material or lo6c« romtriudooa,
transportation problems, o/ any other circumstances w6ich are reasonably beyond the
control of the party obligated or pcooinod under the terms of this Agreement to do or
perform the same,regardless of whether any such circumstance is similar to any of those
enumerated ornot, the party so obligated or permitted obaD be excused from doing or
perfbro�og the same during such period o{delay, am that the time period uppliomblcto
such design or 000mbuodoo requirement u6mU be extended for u period oil time equal to
the period such party was delayed,
SECTION 13, RECORDQ�ND AUDITS
Contractor a6uD keep full, complete and proper books, rrcuolm and accounts of gross
receipts. both for cmab and no credit, of each mepuruxc activity, and a6uU provide a
written momt6}y sunzo-ary report m the /\t6lcdc Coordinator oum monthly basis, Said
booka, records and amcnonts, including any aa}ca tux reports that Contractor may be
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required to furnish m any government m governmental agency, shall at all reasonable
times be available for inspection by the City and its authorized representatives and
ugco/a. Contractor agrees mmaintain financial records pertaining to the operation and
management of the comer for u period of three (3) years after the conclusion of any
Contract Year.
SECTION 14. NON-DISCRIMINATION/EQUAL OPPORTUNITY
Contractor shall not discriminate on the basis of race, color, crerd, zn)igion, sex, age,
military status, handicapped status, ucxuu\ orientation or ootinou} origin in the
performance of this contract. Contractor shall be subject to the City's affirmative action
policy to the oxtco1 that such policy pertains to 1cnuim facility operations. Contractor
shall also be subject to the Disadvantaged Business Enterprise (DBE)policy of the City
of Fort Woob, including any amendments /bcrc/o, and obaD require compliance with
said DBE policy by any subcontractor performing hereunder.
Contractor shall comply with all local, state and federal laws, nJus and regulations
pertaining to non-discriminate and equal opportunity in the uzons of employment,
subcontracting and use of City o[Fort Worth facilities.
SECTION 15. AMERICANS WITH DISABILITIES ACT
In accordance with the provisions of the /\medcoou With Disabilities Act of 1990
(ADA), Contractor r/mzama that he and any and all of his subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the
gnucm} pu6Uc, nor in the availability, /czno nod/or conditions of ezoploynncou for
applicants for employment vvhb, or employees of the Contractor or any of his
subcontractors. Contractors warrants he will fully comply with &DA's provisions and
any other applicable federal, state and local laws concerning disability and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third
parties or subcontractor's uUe&cd tuUum to comply with the above-referenced laws
concerning disability discrimination in the performance ofUdscontroot.
SECTION 16. ASSIGNMENT
Contractor shall not assign, subcontract,sublet or transfer any or all of his zi�}uuur
responsibilities under this contract without the prior written consent of the City, and any
attempted assignment, subcontract, sublease or transfer of all or any part hereof without
such prior written consent shall bovoid.
SECTION 17. INDEPENDENT CONTRACTOR
Contractor shall operate under this contract as an independent contractor as to all rights
and privileges contained in this c000ast, and not us an agent. zeprcoemubvn, servant or
employee of the City, Subject to the terms of this Contract, Contractor ebaO have the
nalit to control the details of performance hereunder, Citv and Contractor acree that the
doctripe of respondeat superior shall not apply as between City and Contractor, and that
Contractor ubuD be uo\c\y responsible for any and all mcry or oouiauiou of himself, his
agents, mervams, employees, contractors orsubcontractors; and that nothing herein shall
he construed ms creating uyaooerebipor joint enterprise benveeo City and Contractor, ln
the event oil'a dispute, any doubt as to the construction of this contract shall be resolved
suos/omaintain Contractor's status mouo independent contractor.
SECTION 18. NATURE OF CONTRACT
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It is expressly understood and agreed that this Agreement is a contract for the operation
and management of the Center, and not a lease or conveyance of any interest in the
Property
SECTION 19. SIGNS
Contractor shall not place, or cause or permit to be placed any sign or advertisement
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upon the premises or upon any property of the City without the prior written consent of
the City's Athletic Superintendent,
SECTION 20. CONDITION OF CENTER;WARRANTIES EXCLUDED
Contractor hereby represents that he has inspected the Center and improvements
thereon, that he finds same suitable for all activities and operations agreed to
contemplated hereunder, and that he takes the Center and all improvements thereon in
an "as is" condition. City hereby expressly excludes any and all warranties in regard to
the Center, including without limitation, any warranty of title, or fitness for any
particular purpose.
SECTION 21. COMPLIANCE WITH LAWS
Contractor covenants and agrees that it shall not engage in any unlawful use of the
Premises. Contractor further agrees that it shall not permit its officers, agents, servants,
employees, contractors, subcontractors, patrons, licensees or invitees to engage in any
unlawful use of the Premises and Contractor immediately shall remove from the
Premises any person engaging in such unlawful activities. Unlawful use of the Premises
by Contractor itself shall constitute an immediate breach of this Lease. Contractor
agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of City; all rules and regulations established by the Director of Parks and
Community Services; and all rules and regulations adopted by the City Council
pertaining to the conduct required at the Center, as such laws, ordinances, rules and
regulations exist or may hereafter be amended or adopted. If City notifies Contractor or
any of its officers, agents, employees, contractors, subcontractors, licensees or invitees
of any violation of such laws, ordinances, rules or regulations, Contractor shall
immediately desist from and correct the violation.
SECTION 22. BREACH,TERIMINATION AND REMEDIES
(1) Condition of Default. The following conditions will constitute a breach of this contract
and default hereunder:
(a) Failure of Contractor to make annual rental payments or monthly gross revenue
payments, or to fulfill any other monetary obligation of Contractor to City, which failure
is not cured within thirty(30)days.
(b) Failure of either party to perform any of its other non-monetary obligations under this
contract when due or called for, and the party in default fails to cure such non-monetary
default within thirty (30) days after written notice from non-defaulting party of such
non-monetary default,
2) Termination: Remedies. If any of the conditions identified in subsection (a), above,
should occur and the party in default does not cure the default within the time periods as
set out therein, the non-defaulting party may elect to terminate this contract immediately
and seek all other remedies provided under law and equity. Waiver of any breach does
not constitute any continuing waiver or a waiver of any subsequent breach of this
contract,
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SECION23. NO LIENS ON PROPERTY
(u) Contractor shall take no action that creates u lien onthe property. In the event any such
purported lien is created or attempted to be created,the Contractor shall take any and all
necessary steps»o remove said lien within ten(lO)days nf its creation.
(6) Creation of any lien or purported lien on the premises, or any other City property by the
Contractor, which is not o:nmvad within the time period oc/ forth in Section 23 will be
considered u breach of contract,
SECTION 24. NON-APPROPRIATION
If for any reason,at any time during any term of this Agreement,the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement,the
City may terminate this Agreement to be effective on the later of(i)thirty(30)days
fbUo°iugdeUvcrybytbeCttytuControuorofnrittcnoudccofthcCity'oiotcadunto
terminate,or(ii)the last date for which funding has been appropriated by the City Council
for the purposes set forth io this Agreement.
SECTION 25. SURRENDER OF PREMISES
Contractor shall peaceably and immediately give up and surrender to City the premises
and every part thereof ur the 1cro-iuuti000f this contract.
SECTION 26. LICENSES,PERMITS AND FEES
Contractor agrees to obtain and pay for all licenses,permits, certificates, inspections,
and all other fees required by law or otherwise necessary to perform the services
prescribed for Contractor to perform hereunder.
SECTION 27. SUCCESSORS AND ASSIGNS
All terms,uorcouots and agreements contained io this contract shall hz binding upon
and insure to the benefit ufthe successors and assign of the respective parties bczctn.
SECTION 28. APPLICABLE LAW; VENUE
If any uotion, whether ruoi or usuerted, at luxv or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts |ucu|cd in Tarrant C000uy. Texas or tbcOobed
Suioa District Court for the Northern Diynic/ ufIonuo— Fort Worth Division, I�io Agreement mbuU be
construed io accordance with the laws of the State ofTexas,
SECTION 20. NOTICES
(l)
All rotices,demands,requests or replies provided for or permitted in this contract shall
6oiovvridog and may 6c delivered by one of the two following methods:
(o) By personal delivery with receipt acknowledged iu writing, or
(6) 8y deposit with United States postal service um certified orregistered mail, return receipt
requested,postage prepaid toaddresses stated below,
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Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective three business days after deposit with Postal Service.-.Notice
6y personal delivery shall 6c deemed effective at the time nf personal delivery.
(2) For purposes of notice, demand, request,reply or payment the addresses of the parties
shall be:
City: David Parise,Athletic Superintendent
60O Congress Street
Fort Worth,Texas 7hl07
and
City of Fort Worth
Attn: Parks and Community Services Director
lO0DThrmo8zn000nStreet
Fort Worth,Texas 7dlU2
With copy to: City Attorney ut same address
Cnouacmc Ztouzdu.oetInc.
C/O Thomas Buell,President
66Z9 Crooked Stick Drive
Fort Worth,TX76l32
Each party shall have the right to designate a different address within the United States of America by
the giving of notice in conformity with this section.
SECTION 3O. SECTION HEADINGS
The section headings contained in this contract are for convenience in reference only and are not
intended/o define or limit the scope of any provision of this contract.
Governmental Powers: It is understood that by execution of this Agreement, the City does not waive or
surrender any ofb governmental powers. -
IN WITNESS WHEREOF, the parties hereby have executed this contract in multiple originals on this
date,the At4of 2005.
CITY 2/onoia.ort. Inc.
13V A-
Libby Watson Thomas Buell,President
-
Assistant City Manager
ri
�!�i-� Sae c r,t a r�� Assistant City Attorney
STATE 0FTEXAS
COU-NTYUFTARRANT
STATE OF TEXAS
COUNTY OF TARR-ANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Libby Watson,known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of
the City of Fort Worth, and as the Assistant City Manager thereof, for purposes and consideration therein
expressed and the capacity therein stated. 1-4 0
GIVEN UNDER MY HAND SEAL OF OFFICE this -'7n/day of ' I
L 2005.
zl�9k
Notary Public in and for
r ROSEU-A BARNES
MY COMMISSION EXPIRES the State of Texas
Math 31,2009
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE M. undersi ed a 'hority, a Notary Public in and for the State of Texas, on this
day personally appeare known to me to be the person whp ame is bscr d to
ow edged to me that the same was the act of I
the foregoing instrume and ac r/4 - and
that he executed the same as the act of said 2tennis.net, Inc. for the pur poses and consideration therein
expressed and in the capacity therein stated.
A
GIVEN UNDER MY HAND SEAL OF OFFICE this day of -,C-"`7J �2005.
IN,
/N ta in and for
'o rk-Publi
the State Of Texas
JEAN COLEMAN
WTAp K"
STATES TEUS
cowssiox EXPIRES:
FEDRUARY 19,2007
1 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 4/512005
DATE: Tuesday, April 05, 2005
LOG NAME: 8081 MCLELAND REFERENCE NO.: C-20641
SUBJECT:
Authorization to Execute Contract with 2Tennis.Net Corporation for Management of Operations at
McLeland Tennis Center
RECOMMENDATION:
It is recommended that the City Council:
1) Authorize the City Manager to execute a contract with 2tennis.net Corporation for management of the
operations McLeland Tennis Center; and
2) That the term of the contract be for three years, with options to renew for two additional one year periods
by mutual written consent of both parties.
ascusSON:
At the expiration of the previous contract on December 31, 2004, the Parks and Community Services
Department staff assumed operational control of the McLeland Tennis Center. During this interim period,
court lights have been repaired, courts resurfaced and a new alarm system installed.
In January 2005, a Request for Proposal (RFP) was issued to prospective bidders to provide the
management and operation of the McLeland Tennis Center. The RFP was placed in the Commerical
_Recorder and was advertised from January 3, 2005 to January 27, 2005; two proposals were received. A
Committee consisting of the City staff, the Youth Sports Council Executive Director and the Fort Worth
Independent School District, Associate Athletic Director, evaluated the proposals. Using the criteria
outlined in the RFP staff determined that 2tennis.net Corporation best met the needs of the City to manage
the tennis operations at McLeland Tennis Center.
The terms of the contract provide for the contractor to assume all personnel costs related to the day-to-day
operations and retain all revenues generated at the facility. A written request and approval must be
obtained from the Parks and Community Services Department Director prior to an increase in court fees. In
addition, the contractor would pay the City $500 or 20% of the annual net revenue, whichever is less, for the
first year and $1,000 per year for the second and third years.
The terms of the contract also require the contractor to provide insurance coverage, keep adequate books
and records, provide tennis lessons, clinics, leagues, summer day camp instruction and tournaments. The
City will be responsible for utilities, replacement and maintenance of nets and windscreens and the external
grounds of the McLeland Tennis Center. The City is also responsible for player credits by the Fort Worth
Independent School District, of up to $4,000 per year.
The McLeland Tennis Center is located in Council District 0 and serves the entire City.
Logname: 8081MCLELAND Pagel oft
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund. The Parks and Community Services Department will be responsible for the collection of
funds due to the City under this contract.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 466855 0809081 $500.00 GG01 539120 08080411 K0010-100
Submitted for_City Manager's Office by Libby Watson (6140)
Originating Department Head: Randle Harwood (871-5704)
Additional Information-Contact: Mark Woolsey (871-5714)
Logname: 8081MCLELAND Page 2 of 2