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HomeMy WebLinkAboutReso 1980-10359 / IY-U-o .L "-'..L~Lt ..,...... """ ~_ Rev. 2/76. RESOLUTION NO. 10359' RESOLUTION .OF' THE" CITY" COUNCIL - OF~""l'HE""CTTY OF CHULA VISTA, APPROVING AGREEMENT " BETWEEN THE CITY OF CHULA VISTA AND ED COLLINS, TENNIS PROFESSIONAL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby reso~ve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement I;>etween THE CITY OF CHULA VISTA, a municipal corporation, and" ED COLLINS, Tennis Professional dated which fully the 23rd day of December , 19 80 is attached hereto and incorporated herein, set forth herein be, and the same is hereby , a copy of the same as though approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~"'~,~ George D. Lindberg, C1ty' ttorney ~-~.. -,.. ~ 1!': R. Asmus ,Acting Director of Parks & Recreation ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day..of" December , 19~, .by AYES: Councilmen Scott, Gi11ow, Hyde, Cox, McCand1iss NAYES: Councilmen None ABSENT: Councilmen None ,12 Clerk &J&J2. ~t~ Mayor of the City of Chula Vista STAT OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) , City Cl~rk of the City that the above is a full, , and that the same has I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED City Clerk Edward Collins AGREEMENT FOR TENNIS PROFESSIONAL THIS AGREEMENT, made and entered into in the City of Chula Vista, California, this 23rd day of December , 19 80 , by and between the CITYOF CHULA VISTA, a municlpal corporation, hereinafter referred to as "CITY", and Edward Collins' , Tennis Professional, hereinafter referred to as "PROFESSIONAL"; WIT N E SSE T H : WHEREAS, the City, in the operation and conduct of a tennis complex in said City, requires' the services of a tennis professional management, and Edwa1;'d Collins is a tennis professional capable and able to render the services required by the City. NOW, THEREFORE, in consideration of the premises and upon the terms and conditions contained herein, the City and the Professional agree as follows: 1. The term of the agreement beginning on January 3 , 19 81 night on January 2 , 19 82 terminated as herelnafter provlded. shall be one (1) year , and ending at mid- , unless sooner 2. The Professional will, on the effective date of this agreement, enter upon the performance of the duties as tennis professional in the City of Chula Vista and in par- ticular: (a) The Professional shall at his discretion keep and maintain for sale supplies and equipment, in keeping with the demand of the tennis complex and shall keep these items at prices recommended by the manufacturers of said merchandise. The Professional shall operate all-concessions as an independent contractor. He shall purchase and pay for all ma- terials and merchandise used or sold, in the oper- ation of said concession, in his name, and at his own responsibility, and receive and retain all in- come derived from the operation as his own and for sole use and benefit. (b) The Professional shall keep adequate books and records, make all tax returns and pay all taxes re- quired in connection therewith in his own name. Such books and records shall be the property of the Professional but shall be open to the inspection of the City by and through its City Manager or other duly authorized agent at reasonable times during business hours. The Professional shall be required to maintain a method of accounting of all the re- ceipts and disbursements received or made by said Professional from the operation of said concession. /0 3~ 9 The bookkeeping records installed and maintained by the Professional shall be approved as to form by the City and shall permit the preparation of state- ments of profit and loss and balance sheet. The City may inspect and audit the books and accounts and records of the Professional at all times. The Pro- fessional shall provide necessary materials and per- sonnel at his own expense to adequately cover the operation of the City owned Tennis Pro-Shop and four (4) tennis courts during the operating hours here- after referred to. The Professional shall employ any and all assistants that may be necessary to carry out the terms and provisions of this agreement and -1- If) "3 S 9 shall pay their salaries and such other and further sums as may be required of them for tax and other purposes. If these assistants collect or handle any money due the City of Chula Vista, they shall be approved as provided herein by the City before being employed by the Professional. If, for any reason, any of said assistants shall display flagrant mise conduct, he shall be dismissed at.the request of the Ci ty Manager. (c) It is agreed that in addition to his other duties hereunder, the Professional shall cause instruction to be given in the game of tennis. Tennis instruction shall be given only to bona fide instructees, with individual lessons confined to one court at a time, (exception - see Premises). Group lessons may be con- ducted provided prior written approval is obtained from the City both as to the hours during which group lessons may be conducted and the location of courts which shall use only one court if five (5) or less persons undertake group lessons and two (2) courts if six (6) or more persons undertake instruction. Fees for such instruction shall be in keeping with accepted custom and practices in the tennis profession. It is also understood that the Tennis Professional . shall assume the responsibility for providing instruc- tion for conducting the department sponsored tennis classes held during the summer months at locations determined by the City. Classes will be completely self-sustaining. All proceeds will go to the Tennis Professional. The Pro and City will meet once each year to establish a schedule for these classes. The Tennis Professional will also coordinate three (3) area-wide open tennis tournaments annually and will be responsible for promotion of a Youth Tennis Pro- gram. (d) Except as may be otherwise provided by the City, the Professional or a similarly qualified assistant shall be present at the tennis complex during all hours in which the complex is open to operate, super- vise, promote and manage the functions authorized by this agreement. The Professional shall coordinate, promote and schedule such tennis events sponsored by, by way of illustration but not limitation, the City of ChulaVista, convention type organizations, and such other recognized organizations as may from time to time request scheduling of tennis events. Under the direction of the City, the Professional shall advertise and promote the tennis complex and shall be responsible for such promotional functions. (e) The premises to be leased include the Tennis Professional Shop with lounge, restroom and one court for professional instruction which will be ass.igned by the City. In addition, Lessee may be permitted the use of a second court specified by the City in accordance with the following conditions: 1. A second teaching court may be used with prior written approval from the Director of Parks and Recreation. Times and day must be included in any such request. -2- 16 '5 r;9 If the Tennis Pro is using a second court at times and days not approved, the following condition for usage must be adhered to: 1. No player may be asked to relinquish his court in order to provide usage for Lessee to make-up cancelled lessons. 2. Lessee must relinquish the additional court to waiting players after completion of the lesson in progress or after thirty (30) minutes. (f) The Professional shall keep the Pro Shop premises assigned by this agreement in a clean and sanitary condition and free from rubbish at all times and shall assume complete responsibility for janitorial services for said premises. In addition, the Lessee shall be required to clean the four (4) City-owned tennis courts daily before 9:00 a.m., cleaning to include picking up of rubbish on courts, emptying trash container, sweep- ing off excessive dirt from courts; washing of said courts must be done on a regular weekly schedule prior to 8:00 a.m. No signs or advertising matter shall be displayed outside such premises without prior consent of the City. The Professional shall be re- quired to provide all maintenance, repair and service required on all equipment used in the Pro Shop. In the event City owned equipment is used, the City shall have the right to prescribe in detail the type and frequency of maintenance and repair to be performed by the Lessee. Because of the City's interest in preserving its equipment and providing clean and sanitary conditions in the event the Lessee fails to perform the work prescribed pursuant to the above on City or Lessee owned equipment, the City Manager shall have the right, after ten (10) days notice to correct the deficiency, to cause the prescribed work to be performed in an efficient manner and to charge the Lessee for the cost thereof. Cost shall be equal to the sum of the cost of the direct labor and materials necessary to perform the work in an efficient manner plus overhead cost. No equipment provided by the City shall be removed or replaced by the Lessee with- out prior written consent of the City Manager and if consent is secured, such removal and/or replacement shall be to the sole cost and expense of the Lessee. The City shall have the right to enter upon said premises at any and all reasonable times during the term of the permit for the purpose of inspection and observation of the Lessee's operations. It is further agreed that the inspections may be made by City employees, or may be made by inde- pendent contractors engaged by the City. The City shall have the right to inspect for the purposes set forth below, however, the enumerations below shall not be construed to limit the City's right of inspection for any purpose incidental to the right of the City Manager: -3- I 031? 9 1. To determine if the terms and conditions of this permit are being complied with. 2. To observe transactions between the Lessee and patrons in order to evaluate the quality and quantities of food or drinks or other items sold or dispensed, the courtesy extended to and method of dealing with the public, the performance and caliber of the Lessee's employees, and the methods of recording receipts. It is understood that the information gathered on these inspections will be used to evaluate the Lessee to provide a basis for any action by the City Manager or City for the removal or denial or renewal of this permit. (g) Except for gas, electrical, and water utilities, the Lessee shall pay all charges for telephone service, court washing expense necessary to carryon the oper- ations of the tennis complex unless otherwise speci- fied in the permit. (h) The Professional, his agents or employees in sufficient number to handle tennis complex activities, shall be on duty daily at the tennis complex, Monday through Saturday, weather permitting, from 9:00 a.m. to 5:00 p.m., excluding Sunday and holidays. Provisions shall be made to provide a method in receiving telephone calls while on the court giving lessons. The Pro Shop may be kept. open additional hours at the discretion of the Tennis Professional to meet the needs of the public. The Professional shall not be absent from the tennis complex for an excessive period in any week unless he is repre" senting the City of Chula Vista by performing in a tennis tournament. Such attendance must have the consent of the Director of Parks and Recreation, except in instances of illness or during vacation periods. (i) The Professional shall idemnify and hold harmless the City, its officers, employees, or agents from any claims arising from "The use" of the premises or from the operation of the Tennis Professional Shop. The Professional shall provide a policy of public liability and property damage insurance approved by the City Attorney with limits of $100,000 for injury to anyone person and anyone accident, $300,000 to two or more persons from anyone accident or oc- currence, and $25,000 for property damage and shall also carry a policy for Workmen"s Compensation In~ surance covering any and all of his employees. Approved copies of these policies or certificates shall be filed with the Director of Finance of the City. (j) It is further understood and agreed that the Professional shall not make any alterations or additions to the Pro Shop or to any equipment be- longing to the City without first having the consent of the City to such change or alterations. Upon the expiration of the agreement, the Professional shall -4- be expected to put the premises in as good a condition as at the beginning of said contract, ordinary wear and tear excepted. The Professional shall furnish and install at his own expense in the Tennis Pro Shop building, all necessary furniture, furnishings and equipment required in order to render sufficient and adequate service, as determined by the City. Pro- fessional further agrees that all furniture, furnish- ings and equipment will be maintained and kept intact by repair or replacement as required at Lessee's expense. City agrees to maintain and repair the exterior and related portions of the Pro Shop building, excluding repairs of major proportion which are sub- ject to coverage by Professional's insurance. During the last thirty (30) days of the term of this lease, or within thirty (30) days of any can- cellation or other expiration, Lessee shall remove at his own expense his own furniture, furnishings, equipment and fixtures. Should Lessee fail to remove said items within said thirty (30) day period, he shall lose all rights, title and interest in said items, and City may elect to keep same upon the premises or to sell, remove or demolish them. In the event of . such sale, removal or demolition, Lessee shall re- imburse City for any cost in excess of any consider- ation received by City as a result of said sale, removal or demolition. (k) It is expressly understood and agreed that the Professional may not sign or transfer any of the rights, licenses, or privileges or any part thereof of this agreement without the written consent of the City Council having been obtained. The agreement cannot be assigned involuntarily or by operation or process of law and should the Professional be adjudged bankrupt or become insolvent or make a general assign- ment for the benefit of his creditors or fail to obtain the release of any levy of attachment or execution upon his payment within ten (10) days after such levy is made, the City may consider such to be a breach of the agreement and may cancel and terminate same. 3. As consideration for the services rendered by the Professional and the services of all additional employees, it is expressly understood and agreed by the parties hereto that the Professional shall receive the following: (a) All revenues from tennis lessons. (b) All revenues from repair of tennis equipment. (c) All fees collected at the tennis complex shall be the exclusive property of the Professional. These fees shall be based upon a posted fee rate and must be con- sistent with those charges being made at other fa- cilities within San Diego County. Any change in these charges will be made only upon prior approval of the Director of Parks and Recreation. -5- ! 63LJ9 4. The Professional shall be fully aware of the material cqnditions of the tennis complex and tennis facilities at all times, and as the conditions dictate, make specific rec- ommendations to the City for corrective actions as the City deems necessary. The Professional shall not be held responsible for work performed or lack of same by the City. 5. Special Termination. In addition to the other remedies provided by City within the terms of this agreement, City shall have the right, upon thirty (30) days notice to Lessee to cancel this agreement if, in the opinion of the City Manager, the operations conducted by Lessee are unsatisfactory, Lessee may be granted thirty (30) days to correct same. In the event of such cancellation, the replacement Lessee obtained by the City shall purchase from Lessee his non-returnable inventory of merchandise for sale at Lessee's cost and his equipment at its fair market value. In the event of disagreement on values, the City Manager shall establish a value which shall be binding upon the parties to this agreement. 6. Either party to this agreement may terminate said agreement within thirty (30) days following delivery of written notice of such termination. 7. At the conclusion of this agreement, the City reserves the right to solicit and advertise for new proposals to operate and manage the tennis facilities. THE CITY OF CHULA VISTA TENNIS PROFESSIONAL ~ ~/U(~ /1- f'u> ( s.o , Appro' ed as to form by .W t?-'.U/-\ ,'-1 a ~~~/ / . .. ,/ ,/ ./ /, ., _ /'\.-/ Z..(~::::./ ~ ~~C';.~~"'-L""/'2-.;:::../ City Attotney ~~ -6- J ,",.-;J c:::9