2021-09-13 Parks Board PacketCITY OF
SOUTI-HLAKE
MEMORANDUM
September 9, 2021
TO: Parks and Recreation Board
FROM: Chris Tribble, Director of Community Services
SUBJECT: Agenda Item Comments for the Parks and Recreation Board
Meeting — Monday, September 13, 2021
PLEASE NOTE: The meeting will be held on Monday, September 13, 2021 at
Legends Hall in the Legacy Meeting Rooms. Dinner will be served at 5:30 p.m.
Please advise staff if you are not able to attend this meeting
(ctribble(o)_ci.southlake.tx.us or 817.748.8021). Thank you.
REGULAR AGENDA
1. Agenda Item 1. Call To Order
2. Agenda Item 2. Consent
A. Approve minutes from the Parks and Recreation Board meeting held
August 3, 2021. Please make any corrections to the minutes part of
the motion for consideration.
B. Approve minutes from the Joint SPDC and Parks and Recreation
Board meeting held August 3, 2021. Please make any corrections to
the minutes part of the motion for consideration
C. Absence of Parks and Recreation Board Members - The Board will
consider the absence of Board Secretary Jeffrey Ng and Board
Member Stacy Driscoll from the August 3, 2021 meeting. A copy of the
Attendance Report is in your packet.
3. Agenda Item 3. Public Forum
This is the public's opportunity to address the Board about non -agenda
items. During Public Forum, the Board will not discuss or take action on any
item brought up at this time.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks and Recreation Board
Meeting Date — September 13, 2021
Page 2 of 3
4. Agenda Item 4. Consider
A. Recommendation on renewal of the Southlake Tennis Center
Management Agreement — The current agreement between the City of
Southlake and Stephen and Mia Poorman (dba Roxy Tennis LLC), was
approved by City Council April 3, 2012, for management of the tennis
center for an initial term of April 6, 2012-December 31, 2015. The
agreement included three (3) successive three-year renewal options with
City Council approval.
The City exercised its first renewal option on June 16, 2015, for a term of
January 1, 2016-December 31, 2018. The City exercised its second
renewal option on April 17, 2018, for a term of January 1, 2019-
December 31, 2021.
Staff recommends the third, 3-year renewal option, for the term January
1, 2022—December 31, 2024. The agreement is included within your
packet, and there are no substantial changes or modifications to the
agreement requested, however, the City Attorney has recommended the
First Amendment to the STC Management Agreement. The amendment
and agreement are included within your packet for your review prior to
the meeting. Staff recommends renewal of the agreement based on
Roxy's performance in meeting the needs of the tennis community.
5. Agenda Item 5. Discussion
A. Parks & Recreation Update - The purpose of this item is to present an
update on Parks & Recreation related topics.
B. Pickleball Complex Project - The purpose of this item is to allow for a
discussion related to the Pickleball Complex at Bicentennial Park.
C. National Fitness Campaign Project- The purpose of this item is to allow
for a discussion related to a potential grant opportunity through the
National Fitness Campaign to construct an outdoor fitness court within
the park system.
6. Agenda Item 6. Adjournment
As always, we appreciate your commitment and service to the City.
Chris Tribble
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks and Recreation Board
Meeting Date — September 13, 2021
Page 3 of 3
STAFF CONTACT INFORMATION:
Telephone — (817) 748-8019
285 Shady Oaks Dr., Southlake, TX 76092
Chris Tribble, Director of Community Services, 817-748-8021, (ctribble ci.southlake.tx.us)
Milenka Lopez, Assistant to the Director, 817-748-8963, (mlopez(a)-ci.southlake.tx.us)
Marcy Haddadi, Administrative Secretary, 817-748-8184, (mhaddadi(a)-ci.southlake.tx.us)
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
9
LOCATION: THE MARQ SOUTHLAKE
Legends Hall — Legacy Meeting Rooms
285 Shady Oaks Drive
Southlake, Texas 76092
TIME: 6:00 P.M.
REGULAR AGENDA:
Call to Order
2, Consent
A. Approve minutes from the Parks and Recreation Board meeting held August 3, 2021
B. Approve minutes from the joint SPDC and Parks and Recreation Board meeting held
August 3, 2021
C. Absence of Parks and Recreation Board members
3. Public Forum
4. Consider
A. Recommendation on renewal of the Southlake Tennis Center Management Agreement
Discussion
A. Parks and Recreation Update
B. Pickleball Complex Project
C. National Fitness Campaign Project
6. Adjournment
�ya����tatr� CERTIFICATE
I hereby certify that th §e V)e%&d wyas posted on the official bulletin boards at Town Hall, 1400 Main
Street, Southlake, T 3TY' "rlda}�•• tuber 10, 2021 by 6:00 p.m. pursuant to Chapter 551 of the
as Governmentft
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Amy e ley, TRY(:- I `°•
City Secretary ',� • .... ••°"° ems®
If you plan to attend this public �me&WAWalve a disability that requires special needs, lease advise the City Secretary 48 hours p p y ry ou s
in advance at 817.748.8016 reasonable accommodations will be made to assist you.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
SOUTHLAKE
PARKS AND RECREATION BOARD MEETING MINUTES: AUGUST 3, 2021
LOCATION: SOUTHLAKE TOWN HALL
V Floor Training Rooms A-C
1400 Main Street
Southlake, Texas 76092
TIME: 5:00 p.m.
PARKS AND RECREATION BOARD MEMBERS PRESENT: Chairman Frances Scharli, Vice
Chair Paul Venesky; Board Members Magdalena Battles, Chad Bedwell, and Kevin Craddock
PARKS AND RECREATION BOARD MEMBERS ABSENT: Secretary Jeffrey Ng and Board
Member Stacy Driscoll
STAFF PRESENT: Director of Community Services Chris Tribble and Assistant to the Director
Milenka Lopez
REGULAR AGENDA
1. CALL TO ORDER
Chairman Frances Scharli called the regular Parks and Recreation Board meeting to
order at 5:05 p.m.
2. CONSENT AGENDA
2A. APPROVE MINUTES FROM THE PARKS AND RECREATION BOARD MEETING
HELD JUNE 14, 2021
The minutes of the June 14, 2021 Park Board meeting were approved with no changes
or corrections.
2B. ABSENCE OF PARKS AND RECREATION BOARD MEMBERS
Park Board Members Kevin Craddock and Stacy Driscoll's absence from the June 14,
2021 meeting were excused.
Consent Agenda items are considered to be routine and are enacted with one motion by
the Board.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2A-1
Minutes of the August 3, 2021
Parks Board Meeting
Page 2 of 5
APPROVED
A motion was made to approve the Consent items, including the minutes of the regular
Park Board meeting held June 14, 2021.
Motion:
Venesky
Second:
Battles
Ayes:
Battles, Bedwell, Craddock, Scharli, and Venesky
Nays:
None
Abstain:
None
Vote:
5-0
Motion carried.
3. PUBLIC FORUM
Chairman Frances Scharli opened public forum at 5:08 p.m. There being no one to speak,
Chairman Scharli closed public forum at 5:08 p.m.
4. CONSIDER
4A. ELECTION OF PARKS AND RECREATION BOARD SECRETARY
Chairman Scharli presented Item 4A and requested nominations for the Board Secretary
position. A suggestion was made to maintain the existing officer. The board re-elected
Jeffrey Ng to serve as Secretary.
APPROVED
A motion was made to re-elect the current Board Secretary, Jeffrey Ng.
Motion:
Battles
Second:
Bedwell
Ayes:
Battles, Bedwell, Craddock, Scharli, and Venesky
Nays:
None
Abstain:
None
Vote:
5-0
Motion carried.
4B. RECOMMENDATION ON FISCAL YEAR 2022 PARKS AND RECREATION GENERAL
FUND OPERATING BUDGET
Director of Community Services Chris Tribble presented an overview of the proposed
budget and initiatives for FY 2022 and was available to answer questions.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2A-2
Minutes of the August 3, 2021
Parks Board Meeting
Page 3 of 5
APPROVED
A motion was made to recommend approval of the Fiscal Year 2022 Parks and
Recreation General Fund Operating Budget as presented.
Motion:
Venesky
Second:
Battles
Ayes:
Battles, Bedwell, Craddock, Scharli, and Venesky
Nays:
None
Abstain:
None
Vote:
5-0
Motion carried.
5. DISCUSSION
Director of Community Services Chris Tribble presented the park and recreation update
and was available to answer questions.
6. ADJOURNMENT
Chairman Scharli adjourned the meeting at 5:35 p.m.
Frances Scharli, Chairman
Parks & Recreation Board
Chris Tribble, Director of
Community Services
An audio recording of this meeting may be available upon request from the Office of City Secretary.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2A-3
CITY OF
SOUTHLAKE
SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND PARKS & RECREATION
BOARD JOINT MEETING MINUTES
AUGUST 3, 2021
LOCATION: Southlake Town Hall, 3RD Floor Training Rooms, 1400 Main Street, Southlake,
Texas
SPDC MEMBERS PRESENT: Members Tamara McMillan, Lori Palmer, Secretary Francis
Scharli, Ronell Smith, Chad Patton, Kathy Talley, and Randy Williamson.
PARKS BOARD MEMBERS PRESENT: Chair Frances Scharli, Vice Chairman Paul Venesky,
and members Magdalena Battles, Chad Bedwell, and Kevin Craddock.
PARKS BOARD MEMBERS ABSENT: Jeffry Ng and Stacy Driscoll.
STAFF PRESENT: Director of Community Services Chris Tribble, Chief Financial Officer
Sharen Jackson, City Secretary Amy Shelley, and Assistant to the Director of Community
Services Milenka Lopez.
REGULAR AGENDA:
1. CALL TO ORDER
Southlake Parks Development Corporation Secretary Scharli called the SPDC meeting
to order at 4:01 pm.
Parks Board member Kevin Craddock called the Parks & Recreation Board meeting to
order at 4:01 pm.
2. PUBLIC FORUM
Secretary Scharli opened the public forum at 4:02pm. There being no one wishing to
speak, Secretary Scharli closed the public forum at 4:02pm.
3. CONSENT
3A. APPROVAL OF THE MINUTES FROM THE APRIL 6, 2021, SOUTHLAKE PARKS
DEVELOPMENT CORPORATION MEETING (SPDC ACTION ONLY).
Secretary Scharli presented Item 3A, and there were no questions from the board.
APPROVED BY SPDC
Southlake Parks Development Corporation and Parks Board Joint Meeting Minutes — August 3, 2021
Page 1 of 4
4.
!I_11
4B.
A motion was made to approve the minutes from the April 6, 2021, Southlake Parks
Development Corporation meeting.
Motion:
McMillan
Second:
Patton
Ayes:
Patton, Smith, Williamson,
Abstain:
None
Absent:
None
Approved:
7-0
CONSIDER
Talley, McMillan, Scharli, Palmer
ELECTION OF SPDC OFFICERS (SPDC ACTION ONLY).
Director of Community Services Chris Tribble presented Item 4A and answered questions
from the Board.
APPROVED BY SPDC
A motion was made to appoint Randy Williamson as President, Chad Patton as Vice
President, and Frances Scharli as Secretary.
Motion:
McMillan
Second:
Palmer
Ayes:
Patton, Smith, Williamson,
Abstain:
None
Absent:
None
Approved:
7-0
Talley, McMillan, Scharli, Palmer
RECOMMENDATION ON THE PROPOSED FY 2022 SPDC OPERATING BUDGET.
PUBLIC HEARING (SPDC ACTION ONLY).
Director of Community Services Chris Tribble presented Item 4B and answered questions
from the Board.
President Williamson opened the public hearing at 4:15pm. There being no one wishing
to speak, President Williamson closed the public hearing at 4:15pm.
APPROVED BY SPDC
A motion was made to approve Item 4B, recommendation on the proposed FY 2022
Operating Budget, as presented.
Motion:
McMillan
Second:
Talley
Ayes:
Patton, Smith, Williamson,
Abstain:
None
Absent:
None
Approved:
7-0
Talley, McMillan, Scharli, Palmer
Southlake Parks Development Corporation and Parks Board Joint Meeting Minutes — August 3, 2021
Page 2 of 4
4C.
61
RECOMMENDATION ON THE PROPOSED FY 2022 SPDC CIP AND CAPITAL
BUDGET (SPDC AND PARKS BOARD ACTION).
Director of Community Services Chris Tribble presented Item 4C and answered questions
from the Boards.
Director Tribble stated that the $1,250,000 currently proposed for the Pickleball Complex
does not include restrooms, and that he will add that to the scope and circle back with an
updated cost estimate.
President Williamson opened the public hearing at 4:35pm. There being no one wishing
to speak, President Williamson closed the public hearing at 4:35pm.
APPROVED BY SPDC AND PARKS BOARD
A motion was made to approve Item 4C, recommendation on the proposed FY 2022
SPDC CIP and Capital Budget, as presented.
SPDC VOTE:
Motion:
McMillan
Second:
Talley
Ayes:
Patton, Smith, Williamson,
Abstain:
None
Absent:
None
Approved:
7-0
Talley, McMillan, Scharli, Palmer
PARKS BOARD VOTE:
Motion: Venesky
Second: Craddock
Ayes: Battles, Bedwell, Craddock, Scharli, Venesky
Absent: Driscoll, Ng
Approved: 5-0
DISCUSSION
5A. SALES TAX REPORT
Chief Financial Officer Sharen Jackson provided an overview of the sales tax report, and
no action was required.
6. ADJOURNMENT
Meeting was adjourned by President Williamson at 4:37pm.
MINUTES APPROVED BY SPDC ON THIS, THE DAY OF , 2021.
Randy Williamson, President
Southlake Parks Development Corporation
Southlake Parks Development Corporation and Parks Board Joint Meeting Minutes — August 3, 2021
Page 3 of 4
�W
ATTEST:
Amy Shelley, City Secretary
Southlake Parks Development Corporation Liaison
MINUTES APPROVED BY THE PARKS BOARD ON THIS, THE DAY OF
, 2021.
Frances Scharli, Chair
Parks and Recreation Board
Southlake Parks Development Corporation and Parks Board Joint Meeting Minutes — August 3, 2021
Page 4 of 4
CITY OF
SOUTI-HLAKE
MEMORANDUM
August 23, 2021
TO: Parks and Recreation Board
FROM: Chris Tribble, Director of Community Services
SUBJECT: Absence of Parks and Recreation Board Member(s) — Standing Agenda Item
Action Requested: Recommendation to approve the absence of Board Secretary Jeffrey Ng and
Board Member Stacy Driscoll from the August 3, 2021 Park Board meeting.
Background
Information: The "Absence Policy for Parks and Recreation Board" adopted July 12, 2004
and revised March 2, 2010, provides a mechanism for consideration of
absences of Board members from regular or special Park Board meetings.
This item is listed as a standing item on meeting agendas.
Financial
Considerations: None
Strategic Link: N/A
Citizen Input/
Board Review: City Council approved the Policy Ordinance Review Committee (P.O.R.C.)
revisions to the Parks and Recreation Board Absence Policy March 2, 2010
Park Board approved the Absence Policy at the July 12, 2004 meeting.
Legal Review: N/A
Alternatives: Any commentary as appropriate.
Supporting
Documents: Attendance Log
Staff
Recommendation: Recommendation to approve the absence of Board Secretary Jeffrey Ng and
Board Member Stacy Driscoll from the August 3, 2021 Park Board meeting.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Park and Recreation Board Attendance Report
2021
1 Kevin Craddock
_
t
X
t
Individual
Rate
83%
Hrs To
7.5
2 Jeffrey Ng
v
X
X
67%
6
3 Frances Scharli
_
_
100%
8.5
Magdalena
a Battles
v
100%
8.5
5 Stacy Driscoll
_
X
X
67%
7
6 Chad Bedwell
v
X
83%
6.5
7 Paul Venesky
100%
8.5
Meeting Attendance
Rate (includes
substitutions)
100%
71%
100%
100%
71%
71%
Total Hrs Per Month
1.5
2
1.5
2
1
0.5
8.5
Average Monthly
Attendance Rate
2021 1 86%
In attendance
X
Not in attendance, no substitute
Substitute in attendance
Vacant position
_ Meeting Canceled
* Meeting Canceled due to no ouorum
Change in Representative
2C-2
CITY OF
SOUTHLAKE
MEMORANDUM
September 9, 2021
TO: Parks and Recreation Board
FROM: Chris Tribble, Director of Community Services
SUBJECT: Recommendation on renewal of the Southlake Tennis Center
Management Agreement
Action
Requested: Consider the renewal of and an amendment to the Southlake Tennis
Center Management Agreement with Roxy Tennis, LLC.
Background
Information: The current agreement between the City of Southlake and Stephen
and Mia Poorman (dba Roxy Tennis LLC), was approved for renewal
by City Council April 17, 2018, for management of the tennis center
for a term set to expire December 31, 2021. The renewal of the
agreement was the second of three (3) successive three-year
renewal options with City Council approval.
The proposed renewal is for a three (3) year term, January 1, 2022
December 31, 2024, and would be the third renewal option.
The City Attorney has developed an amendment to the agreement
replacing the first paragraph of Section 4.2 that deals with the
agreement to conduct business in accordance with CITY policy. This
amendment expands on that language to include adherence to the
Southlake Tennis Center Standard Operating Procedures. In
addition, the amendment proposes an update to replace section 3.1
that deals with the agreement term. This amendment proposes one
additional (3) three-year renewal option for January 1, 2025 -
December 31, 2027, should the City and Contractor agree to renew
the agreement. There are no other changes to the agreement.
Based on the performance of Roxy Tennis, LLC throughout the
existing agreement, staff recommends approval of the amendment
which includes the renewal of the agreement for the management of
the tennis center and to provide tennis services to the community.
Financial
Considerations: The Contractor is responsible for all staffing, equipment, supplies,
telephone, food & beverage, and retail inventory costs. The
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks & Recreation Board Meeting Date — September 13, 2021
Page 2 of 2
Contractor pays the City 20% of gross revenue for leagues and 25%
of gross revenue for tournament play (approximately $18.000 -
$21,000 annually). In no event will the annual payment to the City
be less than $15,000.
Strategic Link: This item is linked to the City's Strategy Map related to the focus area
of Performance Management and Service Delivery and meets the
Corporate Objectives to Collaborate with Select Partners to
Implement Service Solutions.
Citizen Input/
Board Review: Parks & Recreation Board consideration September 13, 2021
City Council consideration September 21, 2021
Legal Review: City Attorney has reviewed the agreement.
Alternatives: Recommendation to renew the Southlake Tennis Center
Management Agreement with Roxy Tennis, LLC
Recommendation to not renew the Southlake Tennis Center
Management Agreement with Roxy Tennis, LLC
Supporting
Documents: First Amendment to STC Management Agreement
STC Management Agreement
STC Performance Dashboard
Staff
Recommendation: Renew the Southlake Tennis Center Management Agreement with
Roxy Tennis, LLC. for the term January 1, 2022 - December 31,
2024
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
First Amendment to Southlake Tennis Center Management Agreement
This First Amendment to Southlake Tennis Court Management Agreement is made and
entered by and between the City of Southlake, Texas, a home rule municipal corporation located
in the state of Texas (the "City") and Roxy Tennis, LLC ("Contractor"). For convenience,
Contractor and City may be referred to hereinafter collectively as "parties" or individually as
party.
RECITALS:
WHEREAS, the City and Contractor entered into the Southlake Tennis Center
Management Agreement ("Contract") on or about August 21, 2018 for Contractor to manage the
Tennis Center in the City; and
WHEREAS, the Contract expires on December 31, 2021 and the City and Contractor wish
to extend the Contract beyond the expiration date; and
WHEREAS, the City and Contractor also wish to amend the original Contract concerning
the rules and policies for the operation of the Southlake Tennis Center.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Term. Section 3.1 of the Contract is hereby amended to read as follows:
§3.1 Term. The term of this Agreement commences on January 1, 2022 and
expires on December 31, 2024 with one (1), 3-year renewal option, unless
terminated earlier under on of the provisions of Article 10 of the Agreement.
Nothing in this Article shall be construed as a limitation on either party's right to
terminate this Agreement in accordance with Section 10.7 hereof. Both parties shall
issue its decision, in writing, to renew the Agreement, or allow the Agreement to
expire a minimum of six (6) months in advance of the expiration date, to ensure a
smooth transition if a change is to occur following the end of the then current term.
2. Responsibilities of Contractor: The first paragraph of Section 4.2 of the Contract is hereby
amended to read as follows:
§4.2 Rules and Policies. CONTRACTOR agrees to conduct business at the
Tennis Center in accordance with CITY policy, including the Standard Operating
Procedure (SOP) for the Southlake Tennis Center, attached as Exhibit A.
Additionally, CONTRACTOR shall provide written notice to the CITY
MANAGER when CONTRACTOR makes any substantial changes to its operating
procedures or policies affecting the public's use of the Tennis Center, including
changes to hours of operation. CONTRACTOR agrees not to utilize the Property
without the CITY's prior written approval for any purpose other than for
N:\Boards\Parks and Recreation Board\2021\09-13\Final\Item 4A- STC Agreement\Item 4A- attach I- First
Amendment to Southlake Tennis Center Management.docx Page I
4A-3
conducting tennis programs, provided, however, that the CITY's approval shall not
unreasonably be withheld.
3. Effect of First Amendment. All other terms and conditions of the Contract not amended
by this Amendment are unaffected and continue in full force and effect.
EXECUTED this day of , 2021 to be effective the lst
day of January, 2021.
City of Southlake, Texas
John Huffinan, Mayor
Attest:
Amy Shelley, City Secretary
Roxy Tennis, LLC
, Member
N:\Boards\Parks and Recreation Board\2021\09-13\Final\Item 4A- STC Agreement\Item 4A- attach 1- First
Amendment to Southlake Tennis Center Management.docx Page 2
4A-4
CITY Or ORIGINAL DOCUMENT
CITY OF SOUTHLAKE
SOUTHLAKE Council Action: Y
Ord./Res. No.
SOUTHLAKE TENNIS CENTER MANAGEMENT AGRESMUMS ed
This SOUTHLAKE TENNIS CENTER MANAGEMENT AGREEMENT ("AGREEMENT")
is made between the City of Southlake, Texas ("CITY"), a municipal corporation, and Roxy
Tennis, LLC. ("CONTRACTOR"), an independent contractor.
WHEREAS, CITY desires that CONTRACTOR manage the operation of the CITY'S
SOUTHLAKE TENNIS CENTER ("Tennis Center") as specifically described below; NOW,
THEREFORE, CITY AND CONTRACTOR AGREE as follows:
ARTICLE 1. DEFINITIONS
Unless the context clearly indicates otherwise, in this Agreement:
BEGINNING DATE means the date on which CITY gives CONTRACTOR written notice
to begin management of the Tennis Center.
EXPIRATION DATE means December 31, 2021, or if the Agreement is automatically
renewed, the renewal expiration date as provided in Section 3.1.
FISCAL YEAR means the period beginning October 1 of any year and ending
September 30 of the following year.
SOUTHLAKE TENNIS CENTER means the property and all improvements located on
the Property the City may make available to the CONTRACTOR as provided herein.
PROPERTY means the land on which the Tennis Center is located at 450 West
Southlake Blvd., Southlake, Texas.
CITY ADMINISTRATOR means Director of Community Services or his designee.
COMPARABLE TENNIS CENTERS IN THE REGION means comparable municipal
tennis centers in the North-Central Texas region including, but not limited to, the Richland
Tennis Center in North Richland Hills, the Arlington Tennis Center in Arlington, the High Point
Tennis Center in Plano, and Wagon Wheel Tennis Center in Coppell.
ARTICLE 2. GENERAL REQUIREMENTS
§2.1 Management of the Tennis Center. CITY hires CONTRACTOR to manage,
supervise, and operate the Tennis Center in accordance with this Agreement. CONTRACTOR
has the responsibility and authority to implement operating policies that adhere to CITY
4A-5
policies where applicable and shall take all actions necessary to manage and operate the
Tennis Center in a manner that meets CITY standards.
§2.2 Independent Contractor. CONTRACTOR is an independent contractor with
respect to the CITY, and the CITY shall not have the authority or responsibility to supervise the
day-to-day activities of the CONTRACTOR or CONTRACTOR's employees. Nothing in this
Agreement and its performance shall create an employment or agency relationship between
CITY and CONTRACTOR. Nevertheless, CONTRACTOR agrees to seek advice from CITY
and cooperate with CITY in its management of the Tennis Center, and the parties both agree
to cooperate with each other regarding the management of the Tennis Center.
§2.3 Use of the Property. CITY grants to CONTRACTOR the use and possession of
the Property during the term of this Agreement for the purposes of managing and operating the
Tennis Center, subject to the rights of CITY under this Agreement.
§2.4 CITY'S Right to Inspection. CITY and its representatives have the right at all
reasonable times to enter upon and to examine and inspect the Tennis Center for any reason.
In the event of a default, CITY has the right of access to the Tennis Center that is reasonably
necessary to cause the proper maintenance of the Tennis Center.
ARTICLE 3. TERM
§3.1 Term. The term of this Agreement commences on January 1, 2019 and expires on
December 31, 2021, with one (1), 3-year renewal option, unless terminated earlier under one
of the provisions of Article 10 of the Agreement. Nothing in this Article shall be construed as a
limitation on either party's right to terminate this Agreement in accordance with Section 10.7
hereof. Both Parties shall issue its decision, in writing, to renew the Agreement, or allow the
Agreement to expire a minimum of six (6) months in advance of the expiration date, to ensure
a smooth transition if a change is to occur following the end of the then current term.
ARTICLE 4. RESPONSIBILITIES OF CONTRACTOR
§4.1 Operation of the Tennis Center. In the management, supervision, and
operation of the Tennis Center, CONTRACTOR shall:
a) operate the Tennis Center as a municipal Tennis Center, open to the
general public without discrimination on any basis prohibited by applicable
21
law, regulation or ordinance, subject to fees, rules, and policies approved
by the CITY, and within this Agreement;
b) operate the Tennis Center in a professional, efficient and cost effective
manner and provide top quality programs, services, and retail sales at a
standard comparable to comparable Tennis Centers in the Region;
c) operate the Tennis Center in accordance with the CITY's City of Southlake
Values outlined in Article 18;
d) adhere to best practice financial management principles, and maintain
efficient and accurate accounting records in accordance with generally
accepted accounting principles in the format defined by the CITY'S Chief
Financial Officer.
e) comply with all applicable federal, state and local laws, ordinances, rules,
policies, and regulations;
f) operate and maintain a clean, well -organized, efficient, customer friendly,
and professional tennis pro shop, offering merchandise and customer
service comparable to pro shops at comparable Tennis Centers in the
Region, and maintain an annual minimum wholesale inventory of $15,000
of merchandise in stock in the pro shop.
g) maintain a minimum of 79 open hours weekly as weather permits and
operate the Tennis Center during designated days and hours of operation
to be determined by CONTRACTOR with approval by the CITY
ADMINISTRATOR.
h) establish, develop and implement ongoing, year-round, successful
programs and events for all ages, including, but not limited to, instruction,
clinics, drills, camps, leagues and tournaments at a standard similar to
that maintained by comparable Tennis Centers in the Region;
i) ensure exceptional customer service in the delivery of all aspects of tennis
services provided and ensure 100% of both employee and contract staff
who are employed at the time of the annual training participate in annual
customer service training approved by the CITY;
31 J,
j) maintain the Tennis Center in a condition that is comparable with
comparable Tennis Centers in the Region and deemed by the CITY as
safe;
k) maintain all personal property, tennis equipment and tennis program
supplies owned by CONTRACTOR in good working order in a condition
that is comparable with comparable Tennis Centers in the Region;
1) maintain an organizational membership with the United States Tennis
Association (USTA), and either the United States Professional Tennis
Association (USPTA), or the Professional Tennis Registry (PTR);
m) pay all operating expenses of the Tennis Center, except for those
expenses which the CITY agrees herein to pay.
n) prohibit sales, possession and consumption of alcohol on the Tennis
Center premises during operating hours. After hours must meet
requirements as outlined in 5.1(a).
o) reserve three (3) tennis courts within the Tennis Center for open play at all
times, except Monday — Friday from 9:00 a.m. — 1:00 p.m. and 4:30 —
7:30pm (afternoon times are non -applicable June — August) and during
the USTA sanctioned tournaments expressly permitted herein, and/or
during dates/times preapproved by the CITY ADMINISTRATOR or
designee on a temporary or seasonal basis;
p) submit all proposed tournaments that will use 15 or more courts to the
CITY ADMINISTRATOR or designee for approval a minimum of 30 days
in advance of the tournament date, with no more than two tournaments to
be scheduled per month that use the entire facility and no one tournament
can be scheduled for longer than 14 days;
q) maintain the tennis courts surface (using brooms and squeegees/water
brooms provided by CITY) daily in a clean and safe condition, free of
debris, and leaves, in a manner comparable Tennis Centers in the
Region;
r) provide and maintain tennis court amenities including scoring devices;
s) notify CITY when, in the opinion of CONTRACTOR, any part of the Tennis
Center maintained by CITY requires maintenance. Notification should be
41P.
made in writing, to the CITY ADMINISTRATOR or his/her designee. If
however, the parties disagree about the condition and/or required
maintenance of the CITY -maintained facilities, CONTRACTOR will notify
CITY in writing of the reasons behind CONTRACTOR'S request. CITY will
respond to CONTRACTOR in writing within ten (10) business days of
receipt of CONTRACTOR'S written request. CITY's determination
regarding the need for maintenance will be final. An annual inspection by
both parties will be made to determine any on -going maintenance and
long-term improvements.
t) CONTRACTOR shall not operate a tennis center or tennis program that
competes with the Southlake Tennis Center within 20 miles of the
Southlake Tennis Center without specific written permission from the
CITY.
§4.2 Rules and policies. CONTRACTOR agrees to conduct business at the Tennis
Center in accordance with CITY policy. Additionally, the CONTRACTOR shall provide written
notice to the CITY ADMINISTRATOR when CONTRACTOR makes any substantial changes to
its their operating procedures or policies affecting the public's use of the Tennis Center,
including changes to hours of operation. CONTRACTOR agrees not to utilize the Property
without the CITY's prior written approval for any purpose other than for conducting tennis
programs, provided, however, that the CITY's approval shall not unreasonably be withheld.
CONTRACTOR will be permitted to close or partially close the Tennis Center on
designated CITY holidays, designated Tennis Center holidays and for inclement weather (on-
going rain or snow, temperatures below 40 F, for severe heat or approaching severe weather
such as tornadoes). CITY reserves the right to close and/or approve the closing of the Tennis
Center at times other than as provided in this Agreement.
CONTRACTOR agrees not to make any permanent physical improvements without
written approval from the CITY ADMINISTRATOR. All proposed projects/improvements will be
considered on a project by project basis and must be consistent with the overall intended use
of the Tennis Center as per the current, adopted Parks, Recreation & Open Space/Community
Facilities Master Plan. Requests for CITY ADMINISTRATOR approval must be made a
minimum of ninety (90) days in advance of the proposed installation date of any proposed
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improvement. The CITY ADMINISTRATOR is the point of contact for any desired
improvements or modification, and will determine the appropriate course of action for CITY
approval.
Nothing herein shall render CONTRACTOR ineligible for Southlake Parks Development
Corporation (SPDC) funding. CONTRACTOR is required to make application for such
programming and any such application will be considered in the same manner as all other
applications.
CITY owned property and fixtures located at the Tennis Center as of the beginning date
of this Agreement will remain at the Tennis Center for the use of the CONTRACTOR in the
operation of the Tennis Center. However, said property will remain CITY property and shall be
returned to the CITY upon request.
§4.3 Promotion of Tennis Center activities.
(a) CONTRACTOR agrees to use reasonable efforts to conduct a continuous
program of marketing which will include but is not limited to maintaining a
website, advertising, public relations, and promotional activities to assure
that the Tennis Center has an appropriate and ongoing marketing
campaign comparable with Comparable Tennis Centers in the Region. All
marketing shall note that the Tennis Center is a CITY facility.
(b) CONTRACTOR may be required to offer Southlake residents the
opportunity to register early for all Tennis Center activities if deemed
necessary by the CITY ADMINISTRATOR.
(c) CITY will allow CONTRACTOR to periodically submit content for the
Community Services Department monthly email to their subscribed
database. Content must be provided to CITY by the due date set by
CITY.
(d) CITY will provide links to the CONTRACTOR website and press releases
as content is approved by the CITY. CONTRACTOR will not determine
any CITY website written or visual content, nor press release content. The
CITY will work with CONTRACTOR to provide reasonable coverage.
CONTRACTOR shall provide CITY content for placement on the website
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and/or for press release 30 days prior to the proposed date for posting or
release, unless otherwise approved by the CITY ADMINISTRATOR.
(e) CONTRACTOR agrees to work with the CITY on any sponsorship
received. All sponsorships must align with CITY sponsorship policy by
addressing type, duration of display, and location specifically for all Tennis
Center programs, events, tournaments, as well as the Tennis Center
facility.
§4.4 Tennis Center personnel.
(a) CONTRACTOR shall provide employees and/or contractors for the Tennis
Center, including management and other necessary staff determined by
CONTRACTOR to be necessary for the operation of the Tennis Center to
the CITY's standards. All personnel shall be employees of CONTRACTOR
or independent sub -contractors of CONTRACTOR, and not employees or
independent sub -contractors of CITY.
(b) CONTRACTOR shall attract and develop employees and/or contractors
capable of providing top-quality, professional instruction, and sufficient
and necessary to assure effective and efficient operations of the Tennis
Center at a standard comparable Tennis Centers in the Region.
(c) CONTRACTOR shall ensure that its employees and contractors maintain
a professional appearance and demeanor at all times.
(d) CONTRACTOR shall establish requirements for employees and
contractors at least as stringent as those established by the CITY'S
personnel policies with respect to CONTRACTOR's employees and
contractors assigned to the Tennis Center, including the responsibility to
conduct pre -employment and annual criminal background checks and pre-
employment and for -cause drug screenings. CONTRACTOR shall not
assign to the Tennis Center, even on a temporary basis, including during
the interview process, any person who has not successfully passed or
who fails a criminal background check. CONTRACTOR shall make
available results of such screenings to CITY. CITY will provide a copy of
the CITY'S personnel policies to CONTRACTOR and arrange for CITY'S
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Director of Human Resources to meet with and review all applicable
policies with CONTRACTOR upon request of CONTRACTOR. CITY will
also inform CONTRACTOR regarding CITY'S current testing and
screening procedures and vendors.
(e) CONTRACTOR shall keep the CITY ADMINISTRATOR informed about
employee and contractor turnover, and policy changes that affect staffing
of the Tennis Center.
(f) CONTRACTOR shall immediately notify the CITY ADMINISTRATOR of
any personnel or other issues, identified in current or post -employment,
that could impact the health, safety or welfare of Tennis Center patrons, or
that could prove detrimental to the public image of the Tennis Center
and/or the CITY.
(g) CONTRACTOR shall provide at least one full-time tennis professional with
current USPTA and/or PTR membership, who is certified through at least
one of these professional accreditation bodies to provide lessons and
coordinate events in accordance with USPTA and/or PTR standards.
(h) CONTRACTOR shall require any tennis professional, other contractors
and full time staff to maintain First Aid, CPR and AED certification. A
minimum of one staff member or contractor with current certifications must
be on site when public are on grounds.
§4.5 Operations review.
(a) Periodically, but not less than quarterly, CONTRACTOR shall meet with
CITY ADMINISTRATOR to review the CONTRACTOR's management,
promotional activities, programs, and policy recommendations concerning
the Tennis Center. Each month CONTRACTOR will generate monthly
financial statements as defined by the Chief Financial Officer (CFO) and
meet with CFO upon request. A seasonal attendance report, a seasonal
volunteer tracking report, tracking all volunteers and volunteer hours and a
program/event participation report by season as defined by the CITY
ADMINISTRATOR shall also be submitted. The CITY ADMINISTRATOR
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will provide a written list of topics to be covered and documentation
requested to the CONTRACTOR at least one week prior to each meeting.
(b) A written report detailing the items discussed will be prepared by the
parties and provided to the CITY ADMINISTRATOR and the
CONTRACTOR.
§4.6 Performance Measures.
(a) Customer Satisfaction: The CITY's Customer Satisfaction Surveys
shall be distributed by the CONTRACTOR to all program participants and
to CONTRACTOR database on an annual basis. The CONTRACTOR
and the CITY agree that the CONTRACTOR shall maintain a Net
Promoter Score of at least 65 for all programs and services. The Net
Promoter Score is an index ranging from -100 to 100 that measures the
willingness of customers to recommend a company's products or services
to others. The Net Promoter Score is calculated as the difference
between the percentage of promoters and detractors. The
CONTRACTOR shall actively promote the survey and encourage all users
to complete survey.
(b) Participation Levels: The CONTRACTOR must maintain successful
participation levels in overall tennis instruction for both youth and adults.
Successful instructional programming participation levels should at a
minimum be comparable to comparable Tennis Centers in the Region and
more specifically are defined as follows: The CITY and CONTRACTOR
agree that participation levels in overall tennis instruction, which includes
private/group lessons, drills, and the junior program, should increase by
3% per year, beginning January 1, 2013, unless contractor can
demonstrate a Tennis Center capacity constraint or some other
reasonable issue that prevented this growth.
(c) Complaints: The CONTRACTOR must respond to all written (complaint
form or email) inquiries and complaints from users within two (2) business
days and produce a monthly report to the CITY ADMINISTRATOR
regarding the complaints and the CONTRACTOR's responses. The CITY
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agrees to also forward any inquiries and complaints it receives to the
Tennis Center in writing within two (2) business days.
(d) Cleanliness of Facility: The CITY will inspect the Tennis Center on a
monthly basis. The CONTRACTOR must maintain an "A" rating for only
the areas within their responsibility, and in their control.
§4.7 Licenses, bonds and permits. CONTRACTOR shall obtain all licenses and
permits required by governmental entities for activities conducted at the Tennis Center.
CONTRACTOR will provide a copy of all licenses to the CITY ADMINISTRATOR.
§ 4.8 Information Technology.
(a) CONTRACTOR will be responsible for all technical support for software
and hardware utilized in the management of the Tennis Center.
(b) CONTRACTOR will be responsible for obtaining the phone service
necessary for the operation of the Tennis Center.
(c) CONTRACTOR will be responsible for obtaining digital signage software
for the Tennis Center.
§4.9 CONTRACTOR'S responsibility for furnishings and equipment.
CONTRACTOR shall provide all necessary equipment and furnishings for the operation of the
tennis center, including, but not limited to supplies and other equipment needed for the
operation of the Tennis Center comparable to other comparable Tennis Centers in the Region.
Furniture provided to CONTRACTOR from CITY shall remain the property of the CITY.
ARTICLE 5. CITY RIGHTS AND RESPONSIBILITIES
§ 5.1 CITY responsibilities.
(a) CITY waives no alcohol policy for CONTRACTOR sponsored events along
with private facility rentals outside of normal operating hours.
CONTRACTOR agrees to secure required insurance, security, and abide
by TABC rules for the events and notify CITY ADMINISTRATOR a
minimum of fourteen (14) days prior to event.
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(g) CITY shall notify CONTRACTOR of all construction projects in
Bicentennial Park that may have a material impact on the Tennis Center
operations and include CONTRACTOR in discussions related to the
CITY'S master plan for Bicentennial Park.
(h) CITY grants CONTRACTOR the exclusive right to conduct all tennis
related activities on CITY owned tennis facilities (including but not limited
to instruction and tournaments), unless otherwise waived by
CONTRACTOR, and the CITY will make every effort to prevent the use of
all CITY owned tennis courts by other individuals for profit -making
purposes.
(i) The CITY agrees to allow CONTRACTOR to use the two tennis courts
near the water tower located in Bicentennial Park Monday — Friday from
9:00 a.m. —1:00 p.m.
(j) The CITY will be responsible for obtaining internet and cable services
necessary for the operation of the Tennis Center.
§ 5.2 CITY RIGHTS
(a) CITY shall prominently display signage, provided by the CITY that
highlights the Tennis Center as a CITY facility; provides contact
information for Tennis Center user comments, questions and concerns;
and advertises the CITY's ongoing customer satisfaction feedback
program.
(b) CITY shall conduct unscheduled inspections to assess the current
conditions of the facility, grounds and equipment; and to disseminate
customer satisfaction comment cards and/or collect surveys.
(c) CITY may utilize the Tennis Center for CITY meetings, events and
programs. CITY will provide CONTRACTOR with thirty (30) day notice of
upcoming usage and will work with CONTRACTOR to avoid scheduling
conflicts.
(d) CITY may conduct interim surveys as needed to regularly benchmark user
satisfaction on programs, services and facilities.
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(e) CITY shall, at all times deemed appropriate by City, have the right to
utilize CONTRACTOR's customer database through electronic mail
messages forwarded by CONTRACTOR. CITY will provide
CONTRACTOR with the content of the electronic mail message it wishes
to send to CONTRACTOR's customer database no later than five days
prior to the date CITY wishes the electronic mail message to be sent.
CONTRACTOR agrees to forward the electronic mail message on the
date requested by CITY and provide CITY with documentation outlining
the number of electronic mail messages forwarded, the content of the
electronic mail message and date the electronic mail message was sent.
ARTICLE 6. CONSIDERATION
§6.1 Revenues due to CITY. CONTRACTOR shall pay CITY a quarterly payment for
revenues collected as per Article 7, Section 7.1 below. CONTRACTOR will disperse quarterly
payments on or before April 15th, July 15th, October 15th and January 15th each year. The CITY
acknowledges and agrees that it will not receive any revenues from charity events hosted by
CONTRACTOR or conducted at the Tennis Center.
§6.2 Following an annual review in accordance with Article 8, either party may request
a review and re -consideration of the fees and finance reports required under Article 6 and
Article 7 by sending written notice of such request for renegotiation within 30 days following
completion of the annual review. Any changes to the agreement regarding the fees and
financial reporting resulting from such renegotiation shall be effective only if approved by both
the CONTRACTOR and the CITY'S Council and agreed in writing by the parties. In the event
of such a modification to the fees and financial reporting, the remaining terms of the contract
shall remain unchanged, unless agreed otherwise by the parties. Such considerations would
not result in the CONTRACTOR recovering an amount less than that sufficient to cover all of
the CONTRACTOR'S facility related operating expenses. Notwithstanding anything to the
contrary herein, CONTRACTOR does not have to charge court fees for the use of the tennis
courts at the Tennis Center by (i) guests playing with employees of CONTRACTOR, (ii) touring
pros, and/or (iii) participants in charity events.
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ARTICLE 7. FINANCES
§7.1 Fees and charges.
(a) CITY shall receive twenty-five (25) percent of gross tournament revenue
(excluding Future Stars tournaments) and twenty (20) percent of gross
league revenue charged for use of the Tennis Center facility. Payment
should be made to the City quarterly as per Article 6, Section 6.1 above. In
no event will the annual payment to the City be less than fifteen thousand
dollars ($15,000.00) ("Minimum Payment"). In the event the quarterly
payments to the city do not equal or exceed the Minimum Payment, the
difference between the quarterly payments made to the City and the
Minimum Payment will be paid with the July 15th quarterly payment each
year.
(b) Court and room rental fees to be charged at the Tennis Center will be
determined by the CITY. CITY and CONTRACTOR agree that fees should
be sufficient to pay operating expenses, but also be competitive with fees
at comparable Tennis Centers in the Region.
(c) All patrons of the Tennis Center shall be charged according to a published
schedule of court fees and charges. Neither CONTRACTOR nor
CONTRACTOR's employees, agents or sub -contractors shall waive any
court fees without CITY ADMINISTRATOR approval.
(d) Prices charged for food, beverages, and merchandise shall be determined
by CONTRACTOR. CONTRACTOR shall receive 100% of food, beverage
and merchandise sales.
§7.4 Annual operating budget.
(a) CONTRACTOR shall submit any proposed budget requests to the CITY
ADMINISTRATOR by April 1 of each year for review of potential impact to
the CITY'S operating budget and capital improvements budget after an
annual inspection and review of facility.
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ARTICLE 8. ACCOUNTING, REPORTS, AND AUDITS
§8.2 Annual financial review. Within 90 days after the close of each fiscal year of the
CITY, CONTRACTOR shall submit to CITY Chief Financial Officer a financial review certified
by CONTRACTOR, covering the specific financial condition and performance of the Tennis
Center. The financial review must span the fiscal year then ended. CITY reserves the right to
require a full audit, at its expense, certified by a certified public accountant, should there be
reason to believe an audit is warranted. If an audit is required and the audit report does not
contain an "unqualified opinion," CITY may take such steps as it determines are necessary to
obtain an unqualified opinion, and will provide a one week notice of its intent to do so.
§8.3 CITY'S right to inspect and audit. CITY has the right to inspect the books,
records, invoices, deposits, sales slips, canceled checks, and other financial data or
transactions of CONTRACTOR's operation of the Tennis Center at reasonable times during
normal business hours. CITY also has the right to select an independent accounting firm to
inspect or audit the books and records of the operation of the Tennis Center.
§8.4 Location of records. CONTRACTOR shall store all current fiscal year Tennis
Center records at the Tennis Center.
§8.5 Fiduciary relationship. CONTRACTOR has a fiduciary duty to CITY in all of
CONTRACTOR'S financial obligations to CITY in accordance with this Agreement, including,
but not limited to, faithfully accounting, depositing, and reporting all payments hereunder.
ARTICLE 9. INDEMNITY AND INSURANCE
§9.1 Indemnity By CONTRACTOR. CONTRACTOR ASSUMES ALL LIABILITY
AND RESPONSIBILITY FOR AND AGREES TO FULLY INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM
AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT
NOT LIMITED TO ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF A PERSON OR
DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE OPERATION OF THE TENNIS CENTER, AND THE PERFORMANCE,
ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THE WORK AND SERVICES
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DESCRIBED HEREUNDER OR IN ANY WAY RESULTING FROM OR ARISING OUT OF
THE MANAGEMENT, SUPERVISION, AND OPERATION OF THE TENNIS CENTER
UNDER THIS AGREEMENT, INCLUDING THE WORK, SERVICES, OPERATIONS AND
LEGAL DUTIES OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
SUBCONTRACTORS, OR LICENSEES, IF ANY, REGARDLESS OF WHETHER SUCH
INJURY, DEATH, OR DAMAGE IS CAUSED IN PART BY THE CITY'S NEGLIGENCE. NO
PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED AS WAIVING ANY
DEFENSE OF THE PARTIES UNDER TEXAS LAW, INCLUDING THE DEFENSE OF
GOVERNMENTAL IMMUNITY FROM SUIT OR LIABILITY. THE PROVISIONS OF THIS
PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE
NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION DOES
NOT, HOWEVER, COVER ANY CLAIMS ARISING OUT OF THE SOLE NEGLIGENCE,
GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE CITY OR ITS OFFICERS,
AGENTS, SERVANTS, CONTRACTORS AND EMPLOYEES. FURTHER, THE CITY
AGREES THAT CONTRACTOR SHALL HAVE NO OBLIGATION TO INDEMNIFY THE CITY
OR ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES IN THE EVENT THAT
CONTRACTOR NOTIFIES THE CITY ABOUT A SAFETY OR MAINTENANCE ISSUE THAT
IS THE OBLIGATION OF THE CITY TO REPAIR OR MAINTAIN IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT.
§9.2 Insurance
(a) CONTRACTOR shall obtain public liability insurance of the types and in
the amounts set forth below from an underwriter licensed to do business in
the State of Texas. CONTRACTOR shall furnish to CITY certificates of
insurance or copies of the policies, evidencing the required insurance on
or before the beginning date of this Agreement. CONTRACTOR agrees to
submit new certificates or policies to CITY at least 30 days before the
expiration date of the previous certificates or policies. The insurance shall
be the following types in amounts not less than the indicated amounts:
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(1) Worker's Compensation and Statutory Employer's Liability or
acceptable alternative.
(2) Comprehensive General (Public) Bodily injury:
Liability (or its equivalent), including $500,000 each person
but not limited to the following: $1,000,000 each occurrence
(i) premises/operations
(ii) independent contractors
(iii) personal injury
(iv) products/completed operations
(3) Property insurance for physical
damage to the property of
CONTRACTOR located at the
Tennis Center.
and
Property damage:
$ 250,000 per occurrence
or
$1,000,000 combined single
limit for bodily injury
and property damage.
Coverage for minimum of
100% of the fair market value
of the property.
(4) Automobile liability, including Bodily injury:
coverage for the following $ 500,000 each person
(required only if CONTRACTOR $1,000,000 each occurrence
purchases automobiles or
vehicles)
(i) owned/leased automobiles
and
Property damage:
$ 250,000 per occurrence
$1,000,000 combined single
limit for bodily injury and
property damage.
CONTRACTOR shall also obtain Non -Owned Auto Coverage for vehicles
unowned by CONTRACTOR but used on Tennis Center business at
amounts equal to at least the minimum limits required by state law.
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(b) On all insurance required in Subsections (a) and (b), CONTRACTOR shall
require that the insurance provider:
(1) name CITY its officers and employees as an additional insured;
(2) provide a waiver of subrogation in favor of CITY; and
(3) provide that the issuing insurance company provide 30 days prior
written notice to CITY of any material change to or cancellation of the
insurance.
ARTICLE 10. TERMINATION
§10.1 For default. CITY may terminate this Agreement in accordance with this article
for a default by CONTRACTOR.
§10.2 What constitutes a default.
(1) The following events constitute a default by CONTRACTOR:
(a) a breach of the fiduciary obligations of CONTRACTOR under
Sections 6.1, 6.2, 7.1, and 8.5 of this Agreement;
(b) filing by CONTRACTOR of a voluntary petition for protection under
federal bankruptcy laws, or the failure to obtain the dismissal of an
involuntary petition under federal bankruptcy laws within 30 days
after filing;
(c) the inability of CONTRACTOR to provide an unqualified opinion in
any required annual audit report as described in Article 8;
(d) a failure of CONTRACTOR to perform its duties under this
Agreement; or
(e) The commission by CONTRACTOR or any of CONTRACTOR's
employees or contractors of a felony or crime of moral turpitude if
the CITY, in its sole discretion, reasonably believes that
CONTRACTOR or CONTRACTOR's employee or contractor
committed the act (regardless of whether convicted) and that the
act suggests that the employee constitutes a threat to the users of
the Tennis Center or the public at large, or that the act could, on
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becoming public knowledge, impair the public's confidence or trust
in the CITY or CONTRACTOR or the personnel at the Tennis
Center or in the operation of CITY government in general.
(2) The following events constitute a default by CITY:
(a) A failure on the part of the City to maintain the Tennis Center in a
good and operational condition, fulfill all of its obligations regarding
the physical maintenance of the Tennis Center, and make timely
repairs as requested by Contractor in accordance with 5.1(c) of this
Agreement.
(b) A failure of CITY to perform any of its duties under this Agreement.
§10.3 Correction.
(1.) CONTRACTOR shall have 30 days after written notice from CITY
specifying the nature of a default under Section 10.2(1)(a)(c) or (d) or
Section 10.2(1)(e) because of the commission of an offense by an
employee of CONTRACTOR, to correct the default (including without
limitation, terminating the employment of an employee who causes a
default of the agreement under Section 10.2(1)(e) by committing a felony
or crime of moral turpitude), provided that this provision shall not apply
unless CONTRACTOR shall immediately place such employee on leave
or re -assign such employee to another location. If the default is of such a
nature that it cannot reasonably be corrected within 30 days, the CITY
may grant CONTRACTOR additional time as may be reasonably
necessary to correct the default so long as CONTRACTOR diligently
pursues the correction, and takes all reasonable measures to insure the
safety of the public and fulfillment of CONTRACTOR'S other obligations
hereunder.
(2) CITY shall have 30 days after written notice from CONTRACTOR
specifying the nature of a default under Section 10.2(2) to cure the default.
If the default is of such a nature that it cannot reasonably be corrected
within 30 days, the CONTRACTOR may grant CITY additional time as
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may be reasonably necessary to correct the default so long as CITY
diligently pursues the correction, and takes all reasonable measures to
insure the safety of the public and fulfillment of CITY'S other obligations
hereunder.
§10.4 Election to terminate.
(1) CITY may elect to terminate this Agreement pursuant to this article by
giving written notice of default to CONTRACTOR. If the default is under
Section 10.2(1)(b)or is under Section 10.2(e) because of the commission
of an offense by CONTRACTOR, this agreement shall terminate
immediately upon delivery of written notice from CITY to CONTRACTOR
of its election to terminate the agreement. If the default is under Section
10.2(d) or is under Section 10.2(e) because of the commission of an
offense by an employee of CONTRACTOR, this Agreement shall
terminate upon expiration of the correction period if correction has not
been made pursuant to Section 10.3, and CITY delivers to
CONTRACTOR written notice of its election to terminate the Agreement
via certified mail.
(2) CONTRACTOR may elect to terminate this Agreement pursuant to this
article by giving written notice of default to CITY. This Agreement shall
terminate upon expiration of the correction period if correction has not
occurred pursuant to Section 10.3 and CONTRACTOR delivers written
notice to City of its election to terminate the Agreement via certified mail.
§10.5 Remedy for certain defaults. If CONTRACTOR defaults under Section
10.2(1)(a), CONTRACTOR shall pay all amounts due CITY at the time of its default under the
terms of this Agreement.
§10.6 Lien. CITY has, at all times, a valid security interest to secure payment of all fees
and other sums of money becoming due under this Agreement from CONTRACTOR and to
secure payment of any damages or loss that CITY may suffer by reason of CONTRACTOR'S
breaching any covenant, agreement, or condition contained in this Agreement. The security
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interest covers all goods, wares, equipment, fixtures, furniture, and other personal property of
CONTRACTOR that is now on the Property or placed on the Property at some later date, and
all proceeds attributable to them. This property may not be removed from the premises without
CITY'S consent until all arrearages in fees and all other sums of money then due the CITY
under this Agreement have been paid and discharged, and all the covenants, agreements, and
conditions of this lease have been fully complied with and performed by CONTRACTOR.
If CONTRACTOR is in default, CITY may, in addition to any other remedies provided in
this Agreement or by law, after giving reasonable notice of the intent to take possession and
giving an opportunity for a hearing on the issue, enter on the Property and take possession of
any goods, wares, equipment, fixtures, furniture, and other personal property of
CONTRACTOR situated on the premises, without liability for trespass or conversion, and sell
the property at public or private sale, with or without having the property at the sale, after
giving CONTRACTOR reasonable notice of the time and place of any public sale or of the time
after which any private sale is to be made. CITY or its assigns may buy any items to be sold at
such a sale unless they are prohibited from doing so by law. Unless otherwise provided by law,
and without excluding any other manner of giving CONTRACTOR reasonable notice, the
reasonable notice requirement is met if notice is given at least ten (10) days before the time of
sale. The proceeds from any such disposition, less any expenses connected with taking
possession, holding, and selling the property (including reasonable attorney's fees and other
expenses), will be applied as a credit against the indebtedness secured by the security interest
granted in this section. Any surplus will be paid to CONTRACTOR or as otherwise required by
law, and CONTRACTOR will pay any deficiencies immediately. When City requests,
CONTRACTOR will execute and deliver to CITY a financing statement in sufficient form to
protect CITYs security interest in the property and proceeds under the provisions of the
Business and Commerce Code in force in Texas.
§10.7 Other termination. Regardless of the other provisions of this Agreement, either
party may terminate this Agreement upon a minimum of ninety (90) days written notice to the
other party. The CITY Council shall approve CITY'S termination of the Agreement pursuant to
this section.
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ARTICLE 11. ASSIGNMENT AND DELEGATION
Neither party shall assign or delegate this agreement without the prior written consent of
the other party.
ARTICLE 12. NOTICES
All notices to the parties shall be in writing and shall be sent by certified mail, return
receipt requested, to the addressees and addresses specified below:
All notices to CONTRACTOR shall be sent to:
Roxy Tennis, LLC.
c/o Mia Poorman
220 Canyon Lake Drive
Southlake, Texas 76092
All notices to CITY shall be sent to:
Director of Community Services
City of Southlake
1400 Main Street, Suite 210
Southlake, Texas 76092
ARTICLE 13. MISCELLANEOUS
§13.1 Non -Waiver. This Agreement shall not be construed against the drafting party.
§13.2 No Waiver. No waiver of any breach of any term or condition of this Agreement
shall be construed to waive any subsequent breach of the same or any other term or condition
of this Agreement.
ARTICLE 14. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable as applied in a
particular case for any reason, those circumstances shall not have the effect of rendering the
provision invalid or unenforceable in any other case. The invalidity of one or more phrases,
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sentences, clauses, or sections in this Agreement shall not affect the remaining portions of the
Agreement.
ARTICLE 15. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of
Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County,
Texas.
ARTICLE 16. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and neither of the
parties shall be bound by any promises, representations or agreements except as expressly
set forth in this Agreement.
ARTICLE 17. BINDING CLAUSE
This Agreement shall be binding upon the parties, their heirs, executors, administrators,
devisees, legatees, trustees, successors, and assigns.
ARTICLE 18. CITY OF SOUTHLAKE VALUES
The City of Southlake has adopted values that are the fundamental principles that guide
how members, officials, staff, and employees of the CITY conduct themselves in pursuit of the
mission and vision. All business conducted with the CITY shall adhere to the CITY'S
organizational values as described below:
• Integrity: Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all times.
• Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in
service delivery.
• Accountability: Taking personal responsibility for our actions or inaction while
putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of service to the
public. Our work is characterized by its quality and by the diligence with which it is
carried out. We proactively seek to solve problems in advance.
• Teamwork: Recognizing the importance of working together to meet our citizen's
needs, communicating clearly, sharing resources and information freely.
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The values set forth in Article 18 are goals to which CITY officials, staff and employees are
expected to adhere to in activities concerning this Agreement. While perceived failure to
adhere to, comply with, or take action consistent with these values should be reported to an
appropriate CITY official, staff member, or employee, such action or failure to act shall not be
considered a breach of this Agreement.
EXECUTED this:/-�` d ay of A�-U4,-r 2018
CITY OF SO THLAKE, TEXAS
By:
V
Mayor
ATTEST.
Carol Borges, TRMC, City Secretary
,t++` UT CONTRACTOR
$, ROXY TENNIS, LLC
By.
Mi Poorman, Member
APPROVED AS TO FORM AND LEGALITY:
09�74 F4
City Attorney
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Month Score Met Standard FY2017 NPS Score # of Complaints Met Standard Year Total % Change
October N/A Yes 2019 30 6 Yes FY2019 N/A
November N/A Yes 2020 89 2 No FY2020 N/A N/A
December N/A Yes 2021 0 2 Yes FY2021 N/A N/A
January N/A Yes Total 119 10 Total $0.00
February N/A Yes Average 65.0 3.3 Average #DIV/0!
March N/A N/A
April N/A N/A
May N/A N/A Year Tournaments Youth Adult Total Participants % Change
June N/A Yes FY2019 1,069 1,359 8,258 10,686
July N/A Yes FY2020 56 1,096 7,557 8,709 9.00%
August N/A Yes FY2021 955 1,204 6,720 8,879 -18.00%
September N/A Yes Total 2,080 3,659 22,535 28,274
Total N/A Yes Average 693 1,220 7,512 9,425
Average N/A Yes
Southlake Tennis Center Dashboard - FY2021
Variations:
Customer SatisfactionCleanliness of Facility Fees Collected By City
Total Participants
43
174
772
805600 0
0
366
245
344
0
100
200
300
400
500
600
700
800
900
Oct - Dec Jan - Mar Apr - June July - SeptTournament ParticipantsFY2019 FY2020 FY2021
129
307
349
317
102
0 50 100 150 200 250 300 350 400
4-6 yrs
7-8 yrs
9-10 yrs
11-12 yrs
12+Age RangeParticipation by Age
436
465
448
3132
2875
1904
316
320
252
2696
2680
2426
117
141
147
139
105
111
99
96
135
119
84
136
325
197
245
226
125
281
256
91
232
397
378
403
0 500 1000 1500 2000 2500 3000 3500
Oct-Dec 2018
Oct-Dec 2019
Oct-Dec 2020
Jan-Mar 2019
Jan-Mar 2020
Jan-Mar 2021
Apr-June 2019
Apr-June 2020
Apr-June 2021
July-Sept 2019
July-Sept 2020
July-Sept 2021
Adult Participation
Adult Drills
STC Leagues
Team Leagues
574
322
463
304
364
428
453
585
166
0 100 200 300 400 500 600 700
January-May
June-August
September-
December
FY2021
FY2020
FY2019
Youth Participants
14
2
9
0
2
4
6
8
10
12
14
16
FY2019 FY2020 FY2021TournamentsYouth Adult
Updated: 9/9/2021
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