2011-068\\codad\departmentsVegaRour documents\ordinances\l l\parks head tennis pro contract amendment.doc
ORDINANCE NO. 2011-068
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT
TO A CONTRACT DATED DECEMBER 15, 2010 BETWEEN THE CITY OF DENTON
AND MICHAEL CHRISTOPHER BROWN AND DAVID WAYNE GRAY DBA GRAY
EVENTS MANAGEMENT, LLC FOR ADMNISTRATION OF EVENTS AND PROGRAMS
AT THE GOLDFIELD TENNIS CENTER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 15, 2010 the City of Denton entered into a contract with
Michael Christopher Brown and David Wayne Gray DBA Gray Events Management, LLC to
provide the services of Head Tennis Pro Instruction, League and Tournament Management to its
citizens utilizing Goldfield Tennis Center and other Denton PARD Tennis Courts; and
WHEREAS, the said contract provided for an expenditure not to exceed $100,000; and
WHEREAS, the City and Gray Events Management, LLC agree that the cost of services
to be performed pursuant to the said contract has increased so as to not exceed $142,000; and
WHEREAS, the City Council hereby finds that the increase in the cost of services to be
performed pursuant to the said contract is appropriate and the City Council hereby approves such
increase; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct and are incorporated
herewith as part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute an Amendment to the
Agreement with Gray Events Management, LLC, which Amendment is attached hereto and
incorporated herein by reference.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this Ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the original contract for services shall
remain in full force and effect.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the J _ day of A&k '2011.
i
MARK A. B'`VWOUG/U.S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2 of 2
STATE OF TEXAS
COUNTY OF DENTON
AMENDMENT 1 TOCONTRACT FOR SERVICES
1.
WHEREAS, on December 15, 2010 the City of Denton entered into a contract with
Michael Christopher Brown and David Wayne Gray DBA Gray Events Management, LLC to
provide the services of Head Tennis Pro Instruction, League and Tournament Management o its
citizens utilizing Goldfield Tennis Center and other Denton PARD Tennis Courts (location [s]).;
and
WHEREAS, the said contract provided for an expenditure not to exceed $100,000; and
WHEREAS, the City and Gray Events Management, LLC agree that the cost of services to
be performed pursuant to the said contract has increased so as to not exceed $142,000; and
WHEREAS, The City Council hereby finds that the increase in the cost of services to be
performed pursuant to the said contract is appropriate and the City Council hereby approves such
increase; NOW, THEREFORE,
Article IV of the said contract is hereby amended to read as follows:
IV.
The parties have conducted negotiations and as a result of these negotiations agree that
from June 16, 2010 - September 30, 2010:
80% of the class, camp, league, tournament, private lesson and special event fees will be paid
to the contractor. 20% will be retained by Denton PARD.
50% of Recreation Fund expenses (other than pro shop supplies) will be incurred by the
contractor. The payment will automatically be deducted from the contractor's portion of the
fees collected. Pro shop sales/inventory and racquet stringing will be the responsibility of the
City. All revenues collected from pro shop and racquet stringing will be retained by the
City. Denton PARD will incur all costs associated with ordering pro shop and stringing
materials. All non-resident fees collected will be retained by the City.
From October 1, 2010 -September 30, 2011: ,
80% of the class, camp, league, tournament, ball machine rental, and special event fees will
be paid to the contractor. 20% will be retained by Denton PARR.
85% of private lessons fees collected by David Gray, Christopher Brown or Brandon
L'Heureux will be paid to the contractor. 15% will be retained by Denton PARD.
Contractor's InitialsA Staff's Initials Date 9 - I 1
80% of all other private lesson fees collected will be paid to the contractor. 20% will be
retained by Denton PARD.
75% of Recreation Fund expenses (other than Pro shop supplies) will be incurred by the
contractor. The payment will automatically be deducted from the contractor's portion of the
fees collected. Pro shop sales/inventory and racquet stringing will be the responsibility of the
City. All revenues collected from pro shop and racquet stringing will be retained by the
City. Denton PARD will incur all costs associated with ordering pro shop and stringing
materials. All non-resident fees collected will be retained by the City.
This is a just and reasonable fee structure for the performance or the services which are the subject
of this contract. The fee is to be paid to contractor as follows: Contractor will be paid once per
month. Invoices will be submitted by the Stn of each month. Payment will be remitted to
contractor, net 30 days from receipt of invoice. Contract not to exceed $142,000. Contract
expires 9/30/11.
Contractor and City acknowledge and agree that Michael Christopher Brown and David
Wayne Gray DBA Gray Events Management, LLC are and shall be deemed to be an independent
contractor for the services he/she provides under this Contract. Further, because Michael
Christopher Brown and David Wayne Gray DBA Gray Events Management, LLC is an
independent contractor, the parties agree:
1. The City will make no withholding for taxes of any type from the fee agreed upon
in Article III. All taxes, including, but not limited to Social Security,
unemployment, FICA or other monies owned to any State, Local or Federal
governmental entity, including applicable penalties and interest, are to be paid by
Contractor and are solely the liability of same. In the event a claim is made against
City for payment of taxes, penalties or interest for or on behalf of Contractor,
Contractor agrees to indemnify and hold harmless City of such damages, including
costs and expenses.
2. City will not provide worker's compensation for Contractor for services performed
pursuant to this Contract.
3. This is a non-exclusive contract. Contractor is free to advertise and provide his/her
services to persons or entities other than the City. Further, City may offer
classes/lessons similar to those provided by Contractor, and may use other
contractors or its own employees to conduct the same services as Contractor.
4. Any insurance the City may have for its facility described above is solely for the
benefit of the City. The City shall not be liable for injuries to property or persons
(including death) which are the result of the activities of the Contractor. Contractor
agrees he/she shall be liable for injuries to himself/herself or others caused by
his/her own negligence, omissions, malfeasance, or intentional conduct. When
applicable, for the services provided, contractor shall provide insurance for the
activity as provided in the policies of the contract instructors program.
5. This contract shall terminate on September 30, 2011.
6; A~Q¶t~her provisions of the said contract shall remain in full force and effect. f i
Contractors Initials U/ Staff's Initials Date 9
~1
AGREED TO THIS DAY OF '2011.
CITY OF DENTON, TEXAS
BY:
GEO GE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: S
CONTRACTOR
At
BY.
Michael
Tennis Pro
BY: U4 W k
David Wayne Gray, ead Tennis 13ro
DEPARTMENT REPRESENTATIVE:
BY: VHeathe ay, Denton Parks and Recreation
Athletics Manage ~P l
Contractor's Initials $ Staff's Initials_ ~Tr Dat,4-84