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2012-125ORDINANCE NO. 2� 12" 125 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A THREE YEAR CONTRACT FOR TENNIS 1NSTRUCTOR SERVICES FOR THE CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4898-TENNIS INSTRUCTOR FOR CITY OF DENTON AWARDED TO MICHAEL CHRISTOPHER BROWN AND DAVID WAYNE GRAY DBA GRAY EVENTS MANAGEMENT LLC IN A THREE YEAR NOT TO EXCEED AMOUNT OF $750,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Tennis Instructor Services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4898 Michael Christopher Brown and David Wayne Gray $750,000 dba Gray Events Management, LLC SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equiprnent, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 4898 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of , 2012. MARK A. OUG S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-4 STATE OF TEXAS COUNTY OF DENTON CONTRACT FOR SERVICES I. WHEREAS, the City of Denton wishes to provide the services of Head Tennis Pro Instruction, Lea�ue and Tournament Mana�ement to its citizens utilizin� Goldfield Tennis Center and other Denton PARD Tennis Courts (location [s]). II. WHEREAS, Michael Christopher Brown and David Wavne Grav DBA Gray Events Mana�ement, LLC (hereinafter referred to as "Contractor") are specially trained and qualified to provide these services and desires to provide same under the terms and conditions set forth below. III. WHEREAS, City hereby contracts with Contractor to provide (type) Tennis camps, classes, lea�ues mixers tournaments, private lessons, special events and other tennis pro�rams for its citizens and any others qualified to receive these services; the CiTy of Denton hereby contracts with the Contractor to provide these services. The lessons/classes/special events are to be held beginning on 6/16/2012. If applicable, see attached activity specifications which are incorporated by reference herein. IV. The parties have conducted negotiations and as a result of these negotiations agree that 80% of the class, camp, lea�ue, tournament, ball machine rentals, and special event fees will be paid to the contractor. 20% will be retained bv Denton PARD. 85% of private lessons fees collected bv David Grav, Christopher Srown or Brandon L'Heureux will be paid to the contractor. 15% will be retained bv Denton PARD. 80% of all other private lesson fees collected will be paid to the contractor. 20% will be retained bv Denton PARD. 100% of Recreation Fund expenses (other than pro shop supplies) will be incurred bv the contractor. The pavment will automaticallv be deducted from the contractor's uortion of the fees collected. Pro shop sales/inventory and racquet strin�in� will be the resuonsibility of the Citv. All revenues collected from pro shop and racquet strin�in� will be retained bv the City. Denton PARD will incur all costs associated with orderin� pro shop and strin�ing materials. All nonresident fees collected will be retained by the Citv. 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 on the 5th of each month. Payment will be remitted to contractor, net 30 davs from receipt of invoice. Contract not to exceed $750,000. Contract expires 9/30/2015. Contractor's Initials �" v0 � Staff's Initials � �� r Date � � Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Contractor and City acknowledge and agree that Michael Christopher Brown and David Wavne Grav 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 Wavne Gray DBA Grav Events Mana�ement, 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. 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. V. City of Denton reserves the right to terminate the contract thirty (30) days after delivery of written notice of such termination and reason(s) for the termination. If the contract is terminated the City of Denton shall be liable for only payment for services rendered prior to the effective date of termination. The Contractor reserves the right to terminate the contract one hundred and twenty days (120} after delivery of written notice of such termination and reason(s) for the termination. ��' � {�-�2 Contractor's Initials Staffls Initials Date VI. In the event of default of Contractor for any term or provision of this Contract, the City upon notice to the Contractor of such default, may terminate this Contract without further obligations or liability. In the event of termination for cause, the Contractor shall only receive payment, based upon a pro-rate basis, for classes taught up to notice of termination, less any damages incurred by the City for the default. VII. The Contractor shall at all times exercise reasonable precautions for the safety of participants and others on or near the City's recreational facility and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The Contractor shall at all times guard from damage or loss of property of City of Denton or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City of Denton, other vendors or Contractors. City of Denton may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful yualifier or his agent. VIII. The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any matter affect the Contractor or the work, and shall indemnify, defend and save harmless the City against any claim arising for the violation of any such laws, ordinances and regulations whether by the Contractors or its employees. IX. It shall be the responsibility of the successful proposer to maintain workers' compensation insurance (if the Contractor will have any employees), general liability insurance and auto liability insurance, during the term of this contract. The vendor shall furnish City of Denton with a certificate of insurance after award has been made, but prior to the start of any work on City of Denton property. All insurance companies must be authorized to do business in the State of Texas and must have a minimum rating not less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. The general and auto liability policies must name the City of Denton, its officers, agents and employees, as an Additional Insured, and shall provide the City with thirty (30) days notice of cancellation or material change to the policy. The Contractor's policy shall cover potential injuries to participants, officials or spectators as well as damage to City facilities and/or equipment. Minimum insurance limits shall be set by the City of Denton. Failure to provide proof of acceptable levels of insurance coverage shall be grounds for termination of this contract. At a minimum, the above described insurance must include the following elements ancl limits of coverage. Comprehensive General Liability 1. Bodily Injury (ea h occurrence and annual aggregate) $1,000,000 Contractor's Initials �p� Staff's Initial Dat � ��~ I—` 1U v 2. Property damage (each occurrence and annual aggregate) $1,000,000 3. Personal injury (each occurrence and annual aggregate) $],000,000 Automobile Liability 1. Bodily injury (each occurrence) $ 500,000 2. Property damage (each occurrence) $250,000 Workers' Compensation (if applicable) 1.Statutory Limits 2. Employer's Liability a. $100,000 each accident b. $100,000 each employee c. $500,000 for occupational disease The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract, and the exclusive venue for any legal proceedings involving this Contract shall be Denton County, Texas. XI. Scope of Services The Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, and agrees this contract will not be assigned or sublet without the prior written consent of the City. The Contractor will provide competent tennis instruction for all groups and level of play at a reasonable fee, and enthusiastically encourage tennis participation by planning activities to promote the sport and fellowship in the community. The Contractor will also prepare/organize tennis clinics, tennis academy, private instruction, USTA and/or recreational adult and youth leagues, beginner to advance tennis lessons for youth and adult, cardio tennis, recruit and host various tennis tournaments, summer tennis camps, and a variety of other tennis programs. In addition, the Contractor will assist in marketing the tennis center programs to the local school districts and other organizations by providing demonstrations and informational materials and working with the school district tennis coaches and work with the Denton Tennis Association. The Contractor will provide patrons of City of Denton with a positive tennis experience. Patrons will be treated courteously and respectfully. The Contractor shall be patient and polite when dealing with patrons regardless of the circumstances. The Contractor will be the exclusive vendor for tennis on all City of Denton courts, which includes Golditeld Tennis Center, Avondale, South Lakes, Nette Schultz, and Joe Skiles Parks. The only exception to this statement is outlined in section XII regarding adult tennis programs target goals. Signs stating City Ordinance 22-26 will be posted at all City tennis courts in an effort to eliminate for profit coaching by unauthorized vendors. The ordinance states: "It shall be unlawful for any person to offer anything for barter or sale, exhibit anything for pay, conduct any place of amusement for which an admission fee is charged or render personal service or transportation of any character for hire in any public park in the city without first obtaining the privilege of doing so by contract with the city under such terms and conditions as may be provided by the city council after receiving the recommendation of the park and recreation board on each such contract." � 5���`�I2 Contractor's Initials n� Staff's Initials Date -�(C ll 1" XII. Adult Tennis Programs - Target Revenue Goals The City recognizes the Contractors have done an excellent job increasing the junior programs and revenue since starting in June 2009. However, the adult programs, encompassing leagues and classes have declined. In an effort to include the adult tennis players and build the adult program, the City has set the following target revenue goals with regards to Adult Tennis Programs: Fiscal Year 2011-2012 - $10,000 Fiscal Year 2012-2013 - $15,000 Fiscal Year 2013-2014 - $20,000 Fiscal Year 2014-2015 - $25,000 This revenue figure will be calculated by combining adult classes, drills, mixers, leagues, cardio tennis, etc. This figure does not include private lessons for adults. If these revenue fgures are not met, the City reserves the right to solicit a separate contractor, which would only be allowed to focus on adult tennis programs. XIII. Marketing The Contractor must submit, within the required timeline set by the Marketing Department, a fee schedule of all lessons, programs, activities and other tennis related services to the Tennis/Adult Sports Supervisor for approval and submission to the PLAY guide. Any changes to the fee schedule or program line up must be approved by the Tennis/Adult Sports Supervisor before being implemented. No signs, advertising materials, posters, and other such material shall be posted on City of Denton property or distributed to patrons without written permission from the Tennis/Adult Sports Supervisor. City of Denton shall promote all tennis programs through its various marketing tools, including, media releases and flyers using standardized formats for these tools. The Contractor will be responsible for meeting print deadlines for all programs offered. Tournament and event flyers approved by the Marketing Department will be posted in the Upcoming Tournaments tab on the City of Denton's Goldfield Tennis Center web page with links to registration for USTA tournaments. Contractor agrees to distribute and collect program evaluations from tennis patrons on an annual basis for all tennis programs. XIV. Fees All fees for all tennis related activities and merchandise at Goldfield Tennis Center and all other tennis courts owned by the city will be collected by City of Denton. No fees can be collected by the Contractor at ime. �� �- �� _ r� Contractor's Initials� Staff's Initials Date The City of Denton requires a nonresident fee to be collected from all participants that reside outside the city limits of the City of Denton. All nonresident fees collected will be retained by the City of Denton. All fees charged must be approved by the City of Denton. Any changes to the fee schedule rnust be approved by the City of Denton prior to implementation. 100% of all General Fund court rental fees and annual tennis pass fees collected will be retained by the City of Denton. At least two courts must be available at all times for rental to tennis patrons, with the exception of large tournaments which require the use of all courts. XV. Staff Requirements The Contractor must be a member ofthe United States Tennis Associations (USTA), and must be certifed as a United States Professional Tennis Association (USPTA) Professional 1 or Master Professional level or a USPTR Professional. If the Contractor plans to use assistants, or subcontractors as instructors, 50% must be certified at a minimum level of USPTA Professional 3. All others must be competent to perform instruction and the Contractor must demonstrate the instructor's experience to the City of Denton. At least 50% of instructional services must be personally administered by the Contractor. It will be the responsibility of the Contractor to supply necessary labor for placement of all services as specified. The Contractor and any assistants, sub-contractors or support personnel shall complete a national background history check with the City of Denton prior to instructing. City of Denton shall retain the right to prohibit anyone from working at the Goldfield Tennis Center based on the results of the background check Discrimination prohibited. The Contractor, with regard to the work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited anywhere within the Tennis Center grounds. The Contractor and any assistant staff shall be at all times neatly and cleanly dressed. �:ii1 � Maintenance, Equipment and General Operation of the Tennis Center The Contractor shall be responsible for notifying City of Denton of any maintenance related concerns that do not meet or satisfy the standards adopted and/or applied by the United States Tennis Association. The City of Denton shall incur the General Fund maintenance costs of the Goldfield Tennis Center, which ca i lude the tennis courts, windscreen, fe cing, restrooms, landscaping and . , • • �� J � �� I � Contiactor s inrtials� Staff's Initials Date irrigation. No adjustments allowed to irrigation without approval of the Tennis/Adult Sports Supervisor. The City of Denton will contribute General Fund dollars to the Personal Services (staff costs) line item of the Goldfield Tennis Center budget. This amount is to be determined annually during the budget approval process by the City Council. The Contractor will be responsible for providing all necessary supplies that are needed as part of the program/activity being organized that the City does not have in inventory. The Contractor will be allowed to use City of Denton supplies. The Goldfield Tennis Center is currently open Monday thru Saturday. The City of Denton reserves the right to close the courts for maintenance. The City of Denton has the right to change the hours of operation. The Contractor has the right to submit a written request to the City of Denton to change hours to better meet the needs of our citizens. The City of Denton may close the facility during inclement weather or when the temperature is below 38 degrees. XVII. Building Access The Contractor will be given building access to the Goldfield Tennis Center, including keys, key cards and alarm codes, in order to offer private lessons or other programs that may be outside the normal operating hours. All fees paid for private lessons and programs outside of normal operating hours must be given to the City of Denton. The Contractor will be responsible for securing the building and its equipment, supplies and inventory if utilizing the building during non-operating hours. XVIII. The Contractor shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out or of or resulting from the performance of this Contract or caused by the negligent or intentional act or omission of the Contractor, his/her officers, agents, employees, subcontractors or invitees. XIV. Terms of Agreement This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. All terms and conditions included in Request for Proposals 4898 - Tennis Instructor for City of Denton and the Proposal submitted by Gray Events Management, LLC, shall be incorporated by reference into this ntract. These documents are on file in the office of the Purchasing Agent. Contractor's Initials � Staff's Initials Date� ^ I�1 �� � The agreement shall be valid until September 30, 2015. AGREED TO THIS Jj�� DAY OF , , 2012. CITY OF DENTON, TEXAS � GEOR E C. CAMPBELL, CI Y MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � , BY: CONTRACTOR BY: C ��� Michael hristopher Brown, H, T nis Pro B� a�� David Wayne Gray, Head Tennis Pro 1f` J^I!-I� Contractor's Initials � Staffls Initials f' Date `�� � CERTIFICAT� �F LtABILITY INSIJRANCE ;�25�2o1"i"�' THIS CERTIFICATE IS ISSUE� AS A MATTER OF INFORNiATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TNE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRkCT BETWEEfV THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, Ehe policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may reguire an endorsemen4. A statement on this certificate does not confer, rights to the certificate holder in lieu of such endorsement(s). PRO�UCER CONTACT Seresa Hill NAME: Insurance One Agency, L.C. PHONE .(g72)267-B000 A/C No:�972�3B0-6310 14180 Dallas P�rkway ADDRIESS: ' Sll7.'t2 9OO INSURER S AFFORDING COVERAGE NAIC # Dallas TX 75254 INSURERA:Ha11.IIla.i'�C S ecialt Insurance Co INSURED INSURER B : Gray Events Management, LLC INSURER C: 6010 Osage Place tNSURER D: FT1SC0 T}{ 75034 � INSURERF: COVERAGES CERTIFICATE NUMBER:CL1172525555 REVIStON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7�ypE OF INSURANCE A D S POtICY EFP POLICY EXP LIMITS LTR POLICY NUM6ER MMlDD/YYYY MMlDD1YYYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE � OCCUR MED EXP (Any ane person) $ PERSONAL & ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY Ee eBcldeD`SINGL LIMIT $ 1 000 000 ANY AUTO BODILY INJURY (Per person) S A ALL OWNED SCHEDULED XH602155-00 6/27/2011 /27/2012 BODILY INJURY (Peraccldent) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE � $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DE� RETENTION $ 8 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY y � N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N� A E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDE07 (Mandafory in NH) E.L. �ISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Denton is listed as Additional Insured in regards to the above liability policies. CERiIFICATE City of Denton 2005 Windsor Dr Denton, TX 76205 ACORD 25 (2010/05) I NS�25 r�m nnFi m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEEORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Phillips/SDH1 �� O 1988-2070 ACORD CORPORpTfON, Ali rights reserved. The A�_(1RIl n�mn �nrl Innn ��e �onicforoA m��lrc nf AC(1R11 ."