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HomeMy WebLinkAboutReso 1977-8930Form No. 342 Rev 3/74 RESOLUTION NO. 8930 RESOLUTION OF THE CITY COUNCIL OF THE CITY Off` CHULA VTST'.P,, APPROVING AGREEMENT BETWEEN T'HE CI'T'Y OF CHULA VISTA AND EDWARD S. COLLINS AS TENNIS PROFESSIONAL AND AUTFiORI~ING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resplve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Tennis Professional, EDWARD S. COLLINS dated the 7th day of December lg 77 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedm BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized ar~d directed to execute said agreement for and on behalf of the City of Chula Vistar Presented by Approved as to form by CS// E. Emerson Hall, Director of Parks and Recreation ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 13th day the following vote, to-wit: George Lindberg, City Attor_ y the CITY COUNCIL of the CITY Or Cf-HULA o f December 1977 , by AYES : Councilmen Cox, Hyde, Scott, Egdahl, Hobel NAYES : Counc Amen None ABSENT: Councilmen None ~. ~^~~ Mayor of the City of Chu Vista c/ ATTES Z~/ Ciity Cl rig STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA 'VISTA] I, , City Clerk of the City of Chula Vista, California, DO ~iEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler AGREEMENT FOR TENNIS PROFESSIONAL THIS AGREEMENT, made and entered into in the City of Chula Vista, California, this 7th day of December , 19 77 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and EDWARD S. COLLINS , Tennis Professional, hereinafter referred to a5 "PROFESSIONAL"; W I T N E S S E 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 EDWARD S. COLLINS is a tennis profes- sional 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 Pro- fessional agree as follows: 1. The term of the agreement shall be three (3) years beginning on January 3 , 1978 , and ending at midnight on January , 19$x, unless sooner terminated as hereinafter provided. 2. The Professional-will, on the effective date of this agreement, enter upon the performance of the duties as tennis pro- fessional in the City of Chula Vista and in particular: (a) The Professional shall at all times keep and maintain for sale and rental a stock of merchandise, 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. It is further agreed that no make or line of tennis supplies and equipment will be handled exclusively to the detriment of other lines or makes. The Professional shall operate all concessions as an independent contractor. He shall purchase and pay for all materials and merchandise used or sold, in the operation of said concession, in his name, and at his own responsibility, and receive and retain all income 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 required 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 busi- ness hours. The Professional shall be required to maintain a method of accounting of all the receipts and disburse- ments received or made by said Professional from the operation of said concession. The bookkeeping records installed and maintained by the Professional shall be approved as to form by the City and shall permit the preparation of statements 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 Professional shall provide necessary -1- S materials and personnel 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 hereafter 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 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 misconduct, he shall be dismissed at the request of the City 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 conducted provided prior written ap- proval 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 responsi- bility for providing instruction for conducting the depart- ment 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 Program. (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, supervise, 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 Chula Vista, 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 res- ponsible for such promotional functions. (e) The premises to be leased include the Tennis Professional Shop with lounge, restroom and one court for professional in- struction which will be assigned 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: -2- 1. No player may be asked to relinquish his court in order to provide additional usage for Lessee. 2. Lessee must relinquish the additional court to waiting players after completion of the lesson in progress or after thirty (30) minutes, whichever is first. (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. and wash said courts weekly before 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 required 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 per- formed 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 without 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 obser- vation of the Lessee's operations. It is further agreed that the inspections may be made by City employees, or may be made by independent 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: 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 -3- 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 night lighting, the Lessee shall pay all charges for gas, water, electricity and telephone service necessary to carry on the operations of the Lessee unless otherwise specified in the permit. (h) The Professional, his agents or employees in sufficient number to handle tennis complex activities, shall be on duty at the tennis complex each and every day during the period of this agreement. Tennis courts and Pro Shop shall be kept open daily, weather permitting, including Saturdays, Sundays, and holidays from 9:00 a.m. until 5:00 p.m. 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 represent- ing the City of Chula Vista by performing in a tennis tour- nament. 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 indemnify 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 ar~d property damage insurance approved by the City Attorney with limits of $100,000 f+pr injury to any one person and any one accident, $300,000 to two or more persons from any one accident or occurrence, and $25,000 for property damage and shall also carry a policy for Workmen's Compensation insurance cover- ing any and all of his employees. Approved copies of these policies or certificates shall be filed with the Director of Finance of the City. F, (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 belonging 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 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 neces- sary furniture, furnishings and equipment required in order to render sufficient and adequate service, as determined by the City. Professional further agrees that all furniture, furnishings 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 subject to coverage by Professional's insurance. -4- During the last-thirty (30) days of the term of this lease, or within thirty (30) days of any cancellation 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 reimburse City for any cost in excess of any consideration received by City as a result of said sale, removal or demolition. (k) It is expressly. understood and agreed that the Pro- fessional may not sign or transfer any of the rights, licenses, or privileges or any part thereof of this agree- ment without the written consent of the City Council having been obtained. The agreement cannot be assigned involun- tarily or by operation or process of law and should the Professional be adjudged bankrupt or become insolvent or make a general assignment 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 Pro- fessional shall receive the following: (a) All revenues received from the lease of tennis equipment. (b) All revenues from tennis lessons. (c) All revenues from sales at the Pro Shop. (d) All revenues from repair of tennis equipment. (e) 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 consistent with those charges being made at other facilities within San Diego County. Any change in these charges will be made only upon prior approval of the Director of Parks and Recreation. (f) The first year beginning January 3, 1978 and ` ending January 2, 1979 , a mont ly stipend of $500 will be paid on or before the last day of each month; for the promotion, staffing, publicity and the over- all enhancement of the tennis program. (g) The second year beginning January 3, 1979 and ending January 2, 1980 a mon ly stipend of $250 will be paid on or before the last day of each month; for the promotion, staffing, publicity and the overall enhancement of the tennis program. (h) The third year beginning January 3, 1980 and ending January 2, 1981 there will be no monthly stipend paid. -5- (i) Additional staff services shall be provided by the Tennis Professional; specifically Tennis Coordinators responsible for the uniform operation of City-owned tennis facilities to include those facilities constructed under joint powers agreements with other agencies during the operating hours of said agreement. 4, The Professional shall be fully aware of the material conditions of the tennis complex and tennis facilities at all times, and as the conditions dictate, make specific recommendations to the City for corrective actions as the City deems necessary. The Pro- fessional shall not be held responsible for work performed or lack of same by the City, Approved as to form by 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 P4anager, 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 r4anager shall establish a value which .shall be binding upon the parties to this agreement. 6. In the event that the Tennis Professional shall faith- fully keep and perform all of the terms and conditions of this agree- ment, he shall have .the right of refusal or acceptance of any future contract offered by the City relating to the operation of the tennis facility. Either party to this agreement may terminate said agree- ment within thirty (30) days following delivery of written notice of such termination. THE CITY OF CHULA VISTA TENNIS PROFESSIONAL / ~ ~ c.J %'( _' Mayor the City of Ch a Vista ATTEST ~ ~`~ City C erk ~'" V City Att. ney