HomeMy WebLinkAbout25A - AGMT CABRILLO TENNIS MAINTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2018
TITLE:
APPROVE A CONCESSION AGREEMENT
WITH MATCH POINT TENNIS ACADEMY,
LLC. FOR THE MANAGEMENT,
OPERATION AND MAINTENANCE OF
CABRILLO TENNIS CENTER
(STRATEGIC PLAN NO. 2,213)
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 161 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a one year concession
agreement with Match Point Tennis Academy, LLC. for the management, operation, and
maintenance of the Cabrillo Tennis Center in exchange for a fee payable to the City in the
amount of $4,000 per month from September 5, 2018 through September 4, 2019, subject to non -
substantive changes approved by the City Manager and City Attorney.
The Parks, Recreation and Community Services Agency (PRCSA) entered into a five-year
license agreement with Match Point Tennis Academy, LLC. (Match Point) in 2008 and then again
in 2013 for another five years for the use of the tennis courts at Cabrillo Tennis Center. Match
Point is responsible for making sure that tennis courts are made available to the public and at the
same time they have been given authority to operate the tennis academy at the Center.
Under the direction of Elson De Cantuaria, a former professional tennis player who has an
extensive background in tennis center management and administration, Match Point has been
successful in helping to revive the sport of tennis in Santa Ana. Match Point has increased the
overall number of participants at the Cabrillo Tennis Center and has introduced more young
people to tennis by providing free training, consulting services, and scholarships for Santa Ana
youth.
While Match Point has been able to provide a lot of service to the City, due to the length of their
prior agreements, the City feels that it would be in its best interest to issue a Request for
Proposals (RFP) from qualified providers to discover available options. Therefore, the City is
requesting a one year concession agreement with Match Point for management, operation and
maintenance of the tennis center to allow for time to issue, evaluate and award an RFP. The
agreement can be terminated by the City without cause with thirty days' notice. Almost all of the
terms and conditions of the most recent agreement with Match Point will continue, such as
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Agreement with Match Point Tennis Academy
September 4, 2018
Page 2
payments due to the City in the amount of $4,000 per month and for Match Point to continue their
current responsibilities operating the center.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective
#2 (Expand youth programming), Strategy B (Expand the youth sports program so that youth
recreational opportunities are established year-round).
FISCAL IMPACT
Revenue has been budgeted and will be received in the following account for FY 18/19 and will
be budgeted for FY 19/20.
Unit
PRCSA-Tennis Reservations (no. 01113002-53318)
FY18/19 FY 19/20
AS TO FUNDS AND ACCOUNT:
r
N ez Sergio Vid$xecutive Di ctor Assistant D ector
creation and Comm ity ervices Finance and Management Services Agency
Agency
Exhibit: 1. Match Point Tennis Academy,, LLC.
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CONCESSION AGREEMENT FOR THE
MANAGEMENT, OPERATION, AND MAINTENANCE OF THE
CABRILLO TENNIS CENTER
THIS AGREEMENT, made and entered into this 4th day of September, 2018,
BY AND BETWEEN City of Santa Ana, a charter
city and municipal corporation,
duly organized and exiting under the
Constitution and laws of the State of
California, hereinafter referred to as
"City",
AND
Matchpoint Tennis Academy LLC
hereinafter referred to as
"Concessionaire".
RECITALS:
A. City owns Cabrillo Park and the Cabrillo Tennis Center located at 800N,
Cabrillo Park Drive, Santa Ana, California. The facilities includes nine (9) lighted tennis
courts, one (1) clay tennis court, the Twist -Basler House, and a small tennis clubhouse
complete with locker rooms and showers for players and business invitees, as herein
described and shown in general on Exhibit A, attached hereto and incorporated herein
('the Facilities').
B. The use granted hereunder provides for the operation, maintenance of the club
house, tennis courts, collection of fees, provision of tennis lessons to the public, selling of
pre-packaged food items and non-alcoholic beverages, and containing appropriate
controls to ensure public use of the Facilities is consistent with said purposes.
C. City and Concessionaire agree that the primary objective for Concessionaire's
performance under this Agreement is to maximize the public use of the Facilities and the
revenue to be received by the City as a result thereof.
D. Concessionaire has been operating the Tennis Center since 2008 pursuant to
Agreements A-2008-165 and thereafter A-2013-104.
NOW THEREFORE, in consideration of the respective and mutual covenants
and promises hereinafter contained and made, and subject to all terms and conditions
hereof, the parties agree as follows:
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1.0 USE GRANTED.
1.1 Use. Concessionaire is hereby authorized and required to manage, operate
and maintain a Tennis Facility, and conduct activities including but not limited to:
scheduling of tennis court use; tennis lessons and tennis tournaments; participation in
community outreach to further the interest in the playing of tennis at discounted or free
programs and/or clinics; selling, purchasing, storing and repairing tennis related
merchandise and equipment; selling of pre-packaged foods and non-alcoholic beverages
from within the interior of the club house. Concessionaire will have the use of the first
and third floor of the Twist -Basler House and the City (or a tenant of its choosing) will
have sole access to the second floor.
1.1.1 Three (3) tennis courts must be available at all times for Santa Ana
residents for walk-on play.
1.2 Pro Shop and Food and Beverages. Concessionaire may operate a pro
shop on the Facilities. Concessionaire may also sell food and beverages. Except as noted
in paragraph 1.4 below, the storage and/or sale of tobacco, alcoholic beverages and
sexual products is expressly prohibited. Concessionaire will make a good faith effort to
sell at least 50% healthy snacks and drinks such as baked chips, fruit, pretzels, granola,
nuts, bottled water, low fat milk products, sports drinks and natural fruit juice drinks in
compliance with the City's policy regarding healthy snacks, healthy eating and active
living (City of Santa Ana Resolution No. 2006-053 and Resolution No. 2011-003).
1.2.1 Quality of Food and Non -Alcoholic Beverages. All prepackaged
foods and beverages sold or kept for sale shall conform to the Federal, State, and
County food laws, ordinances and regulations in all respects. No adulterated,
misbranded or impure articles shall be sold or kept for sale by Concessionaire and
all merchandise kept on hand by Concessionaire shall be stored and handled with
due regard for sanitation. In the event prepackaged food and beverage
merchandise are below first class, the Executive Director of Parks, Recreation and
Community Services ("Executive Director") shall have the right to order the
improvement of the quality of any prepackaged food and beverage kept or offered
for sale.
1.3 Staffing of Facilities. Concessionaire shall maintain staffing levels
sufficient to comply with its responsibilities under this Agreement. The Facilities shall
be staffed by Concessionaire at all times during Operating Hours. Operating Hours shall
be from 8 am to 10 pm, Monday through Friday; and from 8 am to 8 pm on Saturday and
Sunday. Operating Hours may begin one half hour earlier as needed to prepare for
reservations. Concessionaire shall be responsible for supervision of the entire Facilities,
including, but not limited to, tennis courts, club house, locker rooms and showers, Twist -
Basler House (with the exception of the second floor of the House) and parking lot(s).
Concessionaire shall also be responsible for enforcement of safety practices and
regulations,
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1.4 Special Events and Rental of Facilities. Concessionaire agrees that it will
not use, or rent, the Facilities for special events of any kind without first seeking prior
written approval from the Executive Director. To the extent that Concessionaire desires
to provide alcoholic beverages at any of its events, it must first seek and obtain City
approval as well as any necessary permits, licenses or other approvals. As a condition to
renting the Facilities, or any portion thereof, the Concessionaire shall first provide the
City with proof of insurance naming Concessionaire and the City of Santa Ana as
additional insureds and the insurance coverage shall comply with the Insurance
provisions in Section 7 hereof.
1.5 Fees for Use of Facilities. Charges for use of the courts shall be in
accordance with the following schedule:
Courts 1-9
Weekdays:
8:00 am to 3:00 pm $3.00/hr. per person
3:00 pm to close $5.00/hr. per person
$1.00/hr. per person discount for Santa Ana residents
Courts 1-9
Weekends:
8:00 am to 1:00 pm $5.00/hr. per person
1:00 pm to close $3.00/hr. per person
$1.00/hr. per person discount for Santa Ana residents
Clay Court
Weekdays:
8:00 am to 3:00 pm $6.00/hr. per person
3:00 pm to close $8.00/hr. per person
$1.00/hr. per person discount for Santa Ana residents
Weekends:
8:00 am to 3:00 pm $8.00/hr. per person
3:00 pm to close $6.00/hr. per person
$1.00/hr. per person discount for Santa Ana residents
Any change in this fee structure will only be permitted with the prior written
approval of the Executive Director and in compliance with any applicable law.
1.6 Application. This Agreement only pertains to the tennis courts existing at
the time it is executed; any future tennis courts that may be built during the Term hereof
are not covered nor included in this Agreement.
1.7 Priority Use. Concessionaire agrees that City programs and City residents
shall have priority use of the Facilities so long as said programs and residents do not
conflict with Concessionaire's regularly scheduled programs. Concessionaire agrees that
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at least three (3) of the courts will be available to City residents by reservation or walk-in
and for City -sponsored programs by reservation during its normal operating hours of 8
am -10 pm Monday -Friday and 8am-8 pm Saturday and Sunday. In the event a dispute
regarding court usage arises, the Executive Director shall make the final decision
regarding court usage. Concessionaire agrees that K-12 students attending a Santa Ana
school as well as City of Santa Ana residents (youth and adult) shall be given priority to
participate in Concessionaire's programs.
1.8 Concessionaire's Equipment and Personal Property. Concessionaire shall
hold title only to Concessionaire's equipment or personal property placed on the
Facilities by Concessionaire. All of Concessionaire's equipment or personal property
shall remain the property of Concessionaire and are not fixtures. Concessionaire has the
right to remove all of Concessionaire's equipment or personal property at its sole cost and
expense on or before the expiration or termination of this Agreement; provided that such
removal shall be done in a professional and careful manner, without interference or
damage to any other equipment, structures or operations on the Facilities, including the
use of the Facilities by City or any of City's employees, agents, or assignees.
1.9 Scholarships. In consideration for the use granted herein, Concessionaire
agrees to provide ten (10) tennis scholarships to qualifying youth residents of the City of
Santa Ana to participate in the Concessionaire's Player Development Tennis Academy.
1.9.1 Categories of Scholarships. Said scholarships are divided
into 5 categories based upon the age of the youth [Tiny Tots (ages 6-9), Novice
(ages 8-11), Intermediate (ages 11-15), Advanced (ages 10-18) and High School
(aged 15-18)]; with 2 scholarships awarded in each category. Concessionaire
shall provide six months of free training and consulting services to the sponsored
students. Sponsorship shall be valued at $300.00 - $500.00 per youth, per month
and includes free consulting services.
1.9.2 GPA Requirement. Concessionaire agrees that each
sponsored student who participates in the Concessionaire's Player Development
Academies shall maintain a `B" grade point average or higher. Concessionaire
agrees that should any player registered in their academies drop below a'B"
grade point average, that student will be placed on academic probation for six
months. Students shall submit quarterly grade reports to Concessionaire. City
will have access to grade reports in order to monitor and ensure compliance. City
Will be responsible for notifying students of non-compliance.
2.0 TERM OF AGREEMENT. The term this Agreement (the "Term") shall be One
(1) year. The Term shall commence on•September 5, 2018 and shall expire on September
4, 2019, if not terminated earlier pursuant to the terms of this Agreement. Earlier
termination of this Agreement shall be in conformance with Sections 9 and 10 below.
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3.0 CONSIDERATION
3.1 In consideration for the use granted herein, Concessionaire shall pay to
City as compensation for use of and right to operate the Facilities the amount of Four
Thousand Dollars ($4,000.00) per month.
3.2 Compensation will be due upon execution of this Agreement and
thereafter on or before the 101 day of each succeeding month, payable to "The City of
Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services,
Attention: Executive Director of Finance and Management Services Department, 20
Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten
percent (10%) shall be applied after any payment hereunder is due but unpaid. In
addition, one and a half percent (I %%) interest per month shall be added for each month
that payment hereunder is due but unpaid. For any check that is returned for non -
sufficient funds, for any reason, Concessionaire shall pay the City an additional Twenty -
Five Dollar ($25.00) service fee.
4.0 OPERATIONAL RESPONSIBILITIES
4.1 Accounting and Audit. Concessionaire shall collect all fees as indicated
herein and agrees that it will provide the City with an annual accounting, thirty (30) days
after the end of each contract year showing the amount of fees collected per calendar
year. Concessionaire will also provide the City with data showing the breakdown
between residents and non-residents using the Facilities, thirty (3 0) days after the end of
each contract year. City may request detailed financial statements, including balance
sheets, profit and loss, or income statements to support the accounting and
Concessionaite shall provide such documentation within ten (10) days of City's request.
4.2 Reporting. Concessionaire agrees to provide the City with quarterly written
reports detailing usage of the Facilities by City residents and non-resident public. The
Concessionaire or his representative shall meet with the Executive Director once every
month, or at such other times as may be required by the City to review Concessionaire's
performance under this Agreement and to discuss any problems or issues as determined
by the City.
4.3 Quality of Service. Service to the public is of prime concern to City and is
considered a part of the consideration for this Agreement. Therefore, Concessionaire
agrees to manage, operate and conduct its operation in a fust -class manner, providing
similar activities, programs and services. Concessionaire, following receipt of written
notification therefore, shall immediately withdraw or remove from sale any goods,
services, and/or merchandise which may be found objectionable to the Executive Director
based on findings that the provision of such terms are not in the best interest of the public
welfare.
4.4 Compliance with Laws, Rules and Regulations. Concessionaire shall
conform to and abide by all municipal and City ordinances, and all State and Federal laws
and regulations, insofar as the same or any of them are applicable; and where permits
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and/or licenses are required for the Agreement, any related activity, and/or construction
authorized herein, the same must be first obtained from the regulatory agency having
jurisdiction thereover. Further, Concessionaire shall conform to and abide by all rules and
regulations and policies of the City Council, the Executive Director of the Parks, and any
other City departments insofar as the same or any of them are applicable.
4.5 Disorderly Persons. Concessionaire shall use its best efforts to permit no
intoxicated person or persons, profane or indecent language, or boisterous or loud
conduct in or about the demised premises and, if necessary, will call upon the aid of
peace officers to assist in maintaining peaceful conditions.
4.6 Illegal Activities. Concessionaire shall not knowingly allow the use or
possession of illegal drugs, narcotics, or controlled substances on the Facilities or any
other activities that are prohibited by City ordinances or other applicable regulations.
4.7 Security Devices. Concessionaire, at its own expense, may provide any legal
devices or equipment and the installation thereof, designated for the purpose of protecting
the Facilities from theft, burglary or vandalism, provided written approval for the
installation thereof is first obtained from the Executive Director.
4.8 Signs. Concessionaire shall not post signs, notices, posters, or leaflets upon
the Facilities or improvements thereon unless prior written approval thereof is obtained
from the Executive Director.
4.9 Safety. Concessionaire shall immediately correct any unsafe condition of the
Facilities, as well as any unsafe practices occurring thereon. Concessionaire shall obtain
emergency medical care for any member of the public who is in need thereof, because of
illness or injury occurring on the Facilities. Concessionaire shall cooperate fully with
City in the investigation of any accidental injury or death occurring on the concession
premises, including a prompt report thereof to the Executive Director. Concessionaire
shall cooperate and comply fully with County, State, municipal, federal or any other
regulatory agency having jurisdiction thereover, regarding any safety inspections and
certifications of any and all Concessionaire's structures, enclosures, vehicles, and
equipment on the Facilities.
4.10 Inclement Weather. Concessionaire shall make an assessment of the
Facilities to determine if it safe for use by the public. In regard to the courts being out of
operation whenever play must be temporarily suspended on the facility due to inclement
weather conditions, the decision on when to allow play to resume will be made by the
Concessionaire.
4.11 Sanitation. No offensive matter or refuse, or substance constituting an
unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public
health, shall be permitted or remain on the Facilities. Concessionaire shall provide that all
refuse is collected as often as necessary, and in no case less than once a week, and shall
pay all charges which may be made for the removal thereof. Concessionaire shall famish
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all equipment and materials necessary, including trash receptacles of the size, type, color
and number required by the Executive Director, to maintain the demised premises in a
sanitary condition.
4.12 Equal Opportunity. Concessionaire shall strive to balance the number of
boys and girls participating in each of its programs. Equal opportunity shall be given to
both boys and girls to participate in try -outs, clinics, tournaments, academies and any
other programs that Concessionaire provides.
4.13 Trade Fixtures. Concessionaire shall provide and install all appliances,
furniture, fixtures and equipment that are required for the tennis concession. Prior to
taking possession of the tennis concession, Concessionaire and City shall take an
inventory of its own equipment. Concessionaire shall provide a copy of the
Concessionaire inventory for review and approval. During the last thirty (30) days
preceding the termination of this Agreement, the City and Concessionaire will conduct a
walk-through of the Facilities with the inventory check list to ensure that all parties are in
agreement of the ownership of trade fixtures and equipment belonging to each party.
Concessionaire shall remove all personal items identified on the check list from the
Facilities, other than for those items of personality, which have been famished by the
City or so affixed that their removal therefrom cannot be accomplished without damage
to the realty. Should Concessionaire fail to so remove said appliances, furniture, fixtures,
equipment, door locks and padlocks within said thirty (30) day period, Concessionaire
shall lose all right, title and interest in and thereto, and City may elect to keep same upon
the premises or to sell, remove or demolish same. Concessionaire shall reimburse City for
any and all costs, as determined by the Executive Director, incurred in excess of any
consideration received from the sale, removal or demolition thereof.
4.14 Alteration of the Facilities. Concessionaire agrees all changes or
modifications to any of the Facilities requires prior written approval of the Executive
Director. All requests for such changes or modifications shall be submitted by
Concessionaire to City by utilizing its current Field/Facility Modification Request
process, and City reserves the right to approve or deny such requests. A copy of the
City's current Field/Facility Modification Request process form is attached hereto as
Exhibit C.
5.0 CONCESSIONAIRE MAINTENANCE RESPONSIBILITIES
5.1 Concessionaire shall submit a weekly maintenance schedule to the
Executive Director for review.
5.2 Concessionaire, at its own expense, shall be responsible for maintaining
all repairs to and replacement of all improvements and equipment thereof in good and
substantial condition, including the painting thereof upon written request by the
Executive Director. Concessionaire shall, in a timely manner, perform all repairs as
required for the maintenance thereof and in compliance with all laws applicable thereto
including but not limited to:
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Twist -Basler House and Small Clubhouse
• Daily maintenance of the pro shop interior & locker rooms.
• Painting of interior walls of the pro shop as needed or at Director's
request
• Replacement of interior/exterior light bulbs of the pro shop as
needed or at Director's request.
• Replace broken window glass.
• Repair and/or replace carpeting and/or tiles.
• Repair and/or replace broken or damaged doors.
• Repair plumbing and lighting fixtures inside the pro shop as
needed or at Director's request.
• Custodial services for the Facilities.
• Payment of other utilities not listed herein, including payment of
telephone and cable charges.
Restroom
• Daily visual inspection of restroom supplies and provide general
cleanliness.
• Replenish restroom supplies as provided by the City.
Tennis Courts
• Sweeping and/or blow cleaning of all courts and concrete
walkways daily and/or as needed.
• Repair and/or replace tennis nets, net cables, net headbands,
ball machines and center straps as needed or at Director's request.
• Repair and/or replace tennis court umpire seats and court -side
spectator benches as needed or at Director's request.
• Litter controls twice a day or more frequently if needed.
• Repair the Public Address system as needed or at Director's
request
• Repair Windscreens.
• Perform the specialized maintenance that the clay tennis court requires
pertaining to the water levels and grooming that are required per the
instructions set forth in Exhibit B, attached hereto and incorporated herein.
• Report to Director any tennis court light bulbs that need to be
replaced.
• Provide tennis court light bulbs to the Director who will replace
the burned out or broken light bulbs,
• Provide Resurfacing/Maintenance. Concessionaire shall re -surface and
maintain the nine (9) existing courts as often as necessary to assure high
quality tennis court surfaces at all times.
• Minimize the impact of cracks on tennis play by means of epoxy and/or
other means technological products used to level surface, but shall not be
responsible for a major capital court surface replacement.
• Clay Court Maintenance. Concessionaire shall perform Daily inspection
and maintenance of the clay court in accordance and compliance with the
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Har -Tru specifications attached hereto and incorporated herein as Exhibit
B. Maintenance shall include daily litter/debris removal, weed removal,
grooming with Aussie Clean Sweep and Line Sweeper, tape and nail
inspection/repair. Courts and line tape shall be swept between each
reservation. Concessionaire shall monitor the hydration system to ensure
sufficient moisture is evenly distributed throughout the court. Once a
month (or more frequently depending on use) the clay court shall be
scarified with Har -Tru Gator rake and steel Bristle Drag Brush. The clay
court shall be rolled as necessary to obtain an even level surface. The other
items such as nets, windscreen, fencing etc. shall be maintained up to the
same level as the other concrete tennis courts. (See attached Exhibit B for
equipment description, maintenance detail and rolling technique).
5.3 Damage, Destruction or Vandalism of Facilities. In the event of damage,
destruction or vandalism by third parties of any of the Facilities, Concessionaire shall
repair or rebuild the same as soon as reasonably possible, except in any of the following
circumstances: (a) Concessionaire reasonably determines that the repair or rebuilding cost
exceeds the sum of the proceeds available from the applicable insurance carried pursuant
to this Agreement and any related deductible amounts; (b) the damage or destruction
occurs within the last four (4) months of the Term. If any of the foregoing circumstances
exist, then the Concessionaire may, not later than thirty (30) days after the date of said
damage or destruction, notify the City of the Concessionaire's intent not to repair or
rebuild the damaged or destroyed Facility. If the Concessionaire so notifies the City, then
this Agreement shall immediately terminate.
Concessionaire and City agree that if the cost of repair is less than $3,000.00,
Concessionaire will be solely responsible for the repairs. In the event that the cost of
repairs is over 53,000.00, the City and Concessionaire will share in the cost of repairs.
The percentage of shared cost will be on a case by case basis, based on the cause and
extent of the damage.
All maintenance/repair shall commence within thirty (30) days of the need thereof
and diligently prosecuted to completion of same, except where the state of disrepair is
such that an emergency or hazard is created thereby in which event there shall be an
immediate correction thereof.
6.0 CITY RESPONSIBILITIES
6.1 The City shall be responsible for maintaining the following:
• Concealed utility lines
• Roofing of the club house, grandstand, and restrooms
• Provide tennis court light bulbs to be installed by the Concessionaire
• Utility charges for heat, gas/water, trash, electricity
• Landscaped areas of the Facilities.
• Parking lots serving the Facilities.
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6.2 City's Right to Enter. The Executive Director and City staff shall have the
right to enter the Facilities at any and all times for the purpose of inspection, evaluation,
and observation of Concessionaire's operation. During these inspections, they shall have
the right to photograph, film, or otherwise record conditions and events taking place upon
the Facilities. Inspections may be made for the purposes set forth below, and for any
other lawful purpose for which the City or another governmental entity with jurisdiction
is authorized to perform inspections of the Facilities:
• To determine if the terms and conditions of the Agreement are
being complied with.
• To observe transactions between the Concessionaire and
patrons in order to evaluate the quality and quantities of services
provided or items sold or dispensed.
6.2.1 Should Concessionaire, after ten (10) day notice from City of the
need thereof, fail to perform its maintenance service obligations
required herein, City in addition to all other available remedies
may, but shall not be obligated to, exercise its Right of Entry as
provided herein. City may enter upon the Facilities and perform
perform Concessionaire's failed obligations and Concessionaire shall
forthwith on demand reimburse City for its costs so incurred including
direct and indirect overhead costs as determined by the Executive
Director.
7.0 INSURANCE AND INDEMNIFICATION
7.1 INSURANCE COVERAGE.
A. Commercial General Liability. In addition to the Concessionaire's covenant to
indemnify and hold harmless City, Concessionaire shall obtain and furnish to City, a
policy of general public liability insurance, commercial general liability insurance
covering the Facilities and Concessionaire's property. The policy shall indemnify
Concessionaire and City, their officers, agents and employees, while acting within the
scope of their duties, against any and all claims arising out of or in connection with the
Facilities and Concessionaire's property, and shall provide coverage in not less than the
following amount: combined single limit bodily injury, personal injury and property
damage, liability, of at least $1,000,000 per occurrence.
B. Live Scan/Background Clearance. To maintain a safe environment,
Concessionaire will be held accountable for conducting background clearance (live -scan)
for all staff working at the facilities.
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C. Workers Compensation and Employers' Liability. Workers Compensation
and Employers' Liability insurance or qualified self-insurance satisfying statutory
requirements, which includes Employers' Liability coverage with limits of not less than
$1 million per accident,
D. Additional Insured Endorsement. The City also requires an Additional
Insured Endorsement, in substantially the same form as Exhibit D. The policy shall name
City, its agents, officers, employees and volunteers as Additional Insureds, and shall
specifically provide that any City insurance coverage which may be applicable to the
Facilities and Concessionaire's Facilities shall be deemed excess coverage and that
Concessionaire's insurance shall be primary. Concessionaire is required to give the City
no less than thirty (30) days notice of cancellation or reduction in coverage. No
cancellation provision in any insurance policy shall be construed in derogation of the
continuous duty of Concessionaire to furnish insurance during the term of this
Agreement.
E. Provision of Policies. Prior to execution of this Agreement, Concessionaire
shall furnish to City certificates of insurance and additional insured endorsements to each
of Concessionaire's insurance policies, on a form approved by the City Attorney,
evidencing the foregoing insurance coverages as required by this Agreement; these
certificates shall:
i. provide the name and policy number of each carver and policy;
ii. state that the policy is currently in force; and
iii. promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days
prior written notice of City; and
iv. Concessionaire shall maintain the foregoing insurance coverages in force
throughout the term of this Agreement.
v. City or its representatives shall at all times have the right to demand the
original or a copy of all these policies of insurance, which Concessionaire
shall provide within fifteen (15) days of City's request.
7.2 INDEMNIFICATION
7.2.1 Indemnification, Defense, Hold Harmless. Concessionaire shall
protect, defend, indemnify and save and hold harmless City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation costs and fees of litigation of any
nature) arising out of or in connection with Concessionaire's performance of this
Agreement or Concessionaire's failure to comply with any of Concessionaire's
obligations contained in this Agreement by Concessionaire, its officers, agents or
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employees except such loss or damage which was caused by the sole negligence
or willful misconduct of City. In the event City is named as codefendant,
Concessionaire shall notify City of such fact and shall represent City in such legal
action unless City undertakes to represent itself in such legal action.
Concessionaire further agrees to indemnify, hold harmless, and pay all costs for
the defense of the City, including fees and costs for special counsel to be selected
by City, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terns of, or effects arising from this Agreement. City may make all
reasonable decisions with respect to its representation in any legal proceeding.
7.2.2 Indemnification Regarding Hazardous Material. Concessionaire
covenants and agrees to indemnify City from and against any contamination of
the Facilities with Hazardous Materials by Concessionaire occurring after
commencement of this Concessionaire Agreement. Concessionaire further agrees
to defend and hold harmless the City from and against any and all actions,
agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants,
damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses,
obligations, and orders which arise during or after the term of this Agreement
related to the existence of Hazardous Materials (from whatever cause) on the
Facilities or in the groundwater on or under the Facilities except for: (1) the cost
of any remediation of Hazardous Materials deposited in the soils of the Facilities
by the City or its employees, agents and contractors, and, (2) any third party
personal injury actions which allege exposure to such undiscovered Hazardous
Materials as a result of use of the Facilities in a City -sponsored program, or third
party activity scheduled by the City. This indemnification includes, without
limitation, costs incurred in connection with any investigation of site conditions or
any cleanup, remedial, removal, or restoration work required by any federal, state,
or local governmental agency or political subdivision because of Hazardous
Material present in the soil or groundwater on or under the Facilities. As used
herein, the term "Hazardous Material" shall be interpreted broadly to means any
hazardous or toxic substance, material, or waste which now is or hereafter
becomes regulated by any local governmental authority, the State of California or
the United States Government.
8.0 NOTICES. All written notices required to be given pursuant to the terms hereof
shall be either (i) personally delivered, (ii) deposited in the United States express mail or
first class mail, registered or certified, return receipt requested, postage prepaid, (iii)
delivered by overnight courier service, or (iv) delivered by facsimile, provided that the
original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later
than one business day following such facsimile. All such notices shall be deemed
delivered upon actual receipt (or upon the fust attempt at delivery pursuant to the
methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to
accept delivery). All such notices shall be delivered to the following addresses, or to
12
25A-14
such other address as the receiving party may from time to time specify by written notice
to the other party:
To Concessionaire:
Match Point Tennis Academy
51 Meadow Valley, Irvine, CA 92602
Attn: Elson T. De Cantuaria, Director
Telephone No.: (7 14) 724-9407
To the City.
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Telephone No.: (714) 647-6520
Fax No.: (714) 647-6956
With a copy to:
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92701
Telephone No.: (714) 647-5201
Fax No.: (714) 647-6515
Executive Director of the Parks, Recreation &
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
Santa Ana, CA 92702
Fax No. (714) 647-4211
A party may change its address by giving notice in writing to the other party, Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by facsimile, communication shall be
effective or deemed to have been given twenty-four (24) hours after the time set forth on
the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these timeframes, weekends, federal, state,
County or City holidays shall be excluded.
9.0 TERMINATION.
9.1 Termination. This Agreement shall be terminable by the City upon 30 days
written notice without cause or immediately (within 48 hours) upon the occurrence of any
of the following:
13
25A-15
A. Use of Facilities, Concessionaire ceases operation of the Facilities;
or,
B. Unauthorized Transfer. Concessionaire transfers or attempts to
transfer any rights or interest in the Facilities in any fashion without
the City's consent.
C. Failure to Comply. Concessionaire fails to comply with any of the
terms of this Agreement.
D, Election not to Repair. Concessionaire elects not to repair Facilities
as provided for in Section 5.3.
E. Surrender of Facilities. Upon the expiration or termination of this
Agreement, Concessionaire shall peaceably vacate the Facilities and
any and all improvements located thereon and deliver up the same to
City in a reasonably good condition ordinary wear and tear excepted.
10.0 REMEDIES. In event of Concessionaire's breach, default, abandonment or
insolvency, City may:
A. Continue this Agreement in effect by not terminating
Concessionaire's right to the Facilities, in which event City shall be
entitled to enforce all of its rights and remedies under this
Agreement, including the right to recover the
compensation/consideration specified in this Agreement as it
becomes due under this Agreement; or
B. Terminate this Agreement and recover from Concessionaire any
amount necessary to compensate City for all detriment proximately
caused by Concessionaire's failure to perform its obligations under
this Agreement; or
C. Should Concessionaire default in the performance of any of the
terms, conditions, or obligations contained in this Agreement, City
may, in addition to the remedies specified in this section of this
Agreement, re-enter and regain possession of the Facilities in the
manner provided by the laws of the State of California then in effect.
D. The insolvency of Concessionaire as evidenced by a receiver being
appointed to take possession of all or substantially all of the property
of Concessionaire, or the making of a general assignment for the
benefit of creditors by Concessionaire, or the filing of a petition in
bankruptcy shall terminate this Agreement and entitle City to re-
enter and regain possession of the Facilities.
14
25A-16
11.0 GENERAL TERMS AND CONDITIONS
11.1 Taxes. The parties agree that if the Facilities are assessed any taxes or
similar fees or charges due to the activities of Concessionaire or Concessionaire's
permitted users, then Concessionaire shall bear the entire cost of said taxes, assessments,
fees or charges.
11.2 Liens. Concessionaire will not permit any mechanics' or materialmens' or
other liens to stand against the Facilities by reason of any use or occupancy by
Concessionaire, or any person claiming under Concessionaire.
11.3 Non -Discrimination. Concessionaire shall not discriminate as to the
employment of persons relative to the use or operation of the Facilities, nor shall it
discriminate as to the persons or entities which may use the Facilities, on the basis of
race, color, religion, national origin, ancestry, gender, disability, sexual orientation, or
medical condition, in violation of state or federal laws, or on any other basis otherwise
prohibited by state or federal law.
11.4 Force Majeure. Should the performance of any act required by this
Agreement to be performed by either City or Concessionaire be prevented or delayed by
reason of an act of God, strike, lockout, labor troubles, inability to secure materials,
restrictive governmental laws or regulations, or any other cause except financial inability
not the fault of the party required to perform the act, the time for performance of the act
will be extended for a period equivalent to the period of delay, and performance of the act
during the period of delay will be excused, provided, however, that nothing contained in
this section shall excuse the prompt payment of compensation by Concessionaire as
required by this Agreement or the performance of any act rendered difficult solely
because of the financial condition of the party, City or Concessionaire, required to
perform the act.
11.5 Access. Each party shall provide access to the Facilities to the other party,
and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day,
seven (7) days a week. City represents and warrants that it has full rights of ingress and
egress to and from the Facilities, and hereby grants such rights to Concessionaire to the
extent required to maintain, and operate Concessionaire's program within the Facilities.
Concessionaire's exercise of such rights shall not cause undue inconvenience to City.
11.6 Restrictions on Assignment. This Agreement is entered into specifically
with the parties in mind. Therefore, neither party shall assign any or all of its rights
under this Agreement without the prior written consent of the other party, in its sole and
absolute discretion.
11.7 Contract Administrator. The Executive Director of the Parks, Recreation
and Community Services Agency, or his/her designee, shall be City's Contract
Administrator for this Agreement and all approval and notices required to be given herein
shall be so directed and addressed.
15
25A-17
11.8 Incorporation of Recitals/Exhibits. All of the recitals and exhibits set forth
in or attached to this Agreement are by this reference incorporated in and made a part of
this Agreement.
11.9 Construction. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any amendments hereto.
11.10 Governing Law and Venue. This Agreement shall be construed and
interpreted in accordance with and shall be governed and enforced in all respects
according to the laws of the State of California. If a dispute arises between the Parties,
venue shall be proper in Orange County, California.
11.11 Entire Agreement. This Concessionaire Agreement and the Exhibits
attached hereto constitute the entire agreement between the City and Concessionaire for
the use granted at Cabrillo Tennis Facility for the operation and maintenance of a tennis
concession facility. All other agreements, promises and representations with respect
thereto, other than contained herein, are expressly revoked, as it has been the intention of
the parties to provide for a complete integration within the provisions of this document,
and the Exhibit(s) attached hereto, the terns, conditions, promises and covenants relating
to the operation and maintenance of a tennis concession facility and the Facilities to be
used in the conduct thereof. No alteration of or amendment to this Agreement shall be
effective unless given in writing and signed by the party or parties sought to be charged
or bound by the alteration or amendment.
11.12 Captions. Any captions or headings to the sections and subsections in this
Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of validity of this
Agreement or any provision hereof.
11.13 Severability. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
term or provision had never been contained herein.
11.14 Further Assurances. Each party shall cooperate with the other and shall
execute such other documents as may be reasonably necessary to cant' out the provisions
of this Agreement.
11.15 No Waiver. Any waiver, consent or approval by either party of any
breach, default or event of default of any provision, condition or covenant of this
agreement must be in writing and shall be effective only to the extent set forth in writing.
No waiver of any breach, default or event of default shall be deemed a waiver of any later
breach, default or event of default of the same or any other provision of this Agreement.
Any failure or delay on the part of either party in exercising any power, right or privilege
10
25A-18
under this Agreement shall not operate as a waiver thereof, nor shall any single or partial
exercise of any such power, right or privilege preclude any further exercise thereof.
11.16 Cumulative rights and remedies. No right or remedy conferred by any of
the specific provisions of this agreement is intended to be exclusive of any other right or
remedy given hereunder or hereafter existing at law or in equity. The exercise of any one
or more rights or the election of any one or more remedies by any party shall not
constitute a waiver of the right to exercise other available rights or pursue other available
remedies. In the event suit is brought by either parry to enforce the terms and provisions
of this Agreement or to secure the performance hereof, each party shall bear its own
attorney's fees.
11.17 Conflict of Interest. Concessionaire covenants that it presently has no
interests and shall not have interests, direct or indirect, which would conflict in any
manner with performance of services specified under this Agreement.
11.18 Non -Recording. Neither parry shall record this Agreement.
11.19 Authorization Warranty. Concessionaire represents and warrants that the
signatory to this Agreement is fully authorized to obligate Concessionaire hereunder and
that all corporate acts necessary to the execution of this Agreement have been
accomplished.
IN WITNESS WHEREOF, the parties hereto have caused this Concessionaire
Agreement to be executed by and through their authorized officers the day, month and
year first written above.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Aa -t u � • L�'u'w
By: Laura A. Rossini
Senior Assistant City Attorney
CITY OF SANTA ANA
Raul Godinez, II.
City Manager
[Signatures continue on next page]
17
25A-19
RECOMMENDED FOR APPROVAL: CONCESSIONAIRE:
Ralph Nunez, Interim Executive Director
Parks, Recreation and
Community Services Agency
EF:i
25A-20
By: ELSON T. DE CANTUARIA
Director — Match Point Academy
Tax ID #
EXHIBITS TO CONCESSIONAIRE AGREENIENT
Exhibit A = Depiction of the Facilities
Exhibit B = Clay Tennis Court Maintenance Instructions
Exhibit C = Field/Pacility Modification Request
Exhibit D = Additional Insured Endorsement
19
25A-21
.........
Exhibit A
25A-22
T)
Lu
41
cz
coo
BASIC TOOLS & EQUIPMENT
Having the correct tools and equipment to maintain your Har -Tru courts is very
important In providing a consistent playing surface. The following Is a list of basic
tools and equipment that is necessary for a consistent maintenance program.
Drag Brush: Drag Brushes are Important to have on the
courts as they provide grooming and keep the surface
consistent. Bristles can replaced as they wear without
replacing the whole brush.
Line Sweepers: Line Masters are a great tool to keep your
Har -Tru surface material off of court lines. Tf L circular
brush should be replaced periodically to ensure good
consistent brushing.
Aussie Clean Sweeps: The Aussles are designed to pick
up debris that falls on the courts such as pine needles,
leaves etc. The Aussie is also used in place of brushing
when you want a less aggressive surface groom and creates
less surface drying.
Lutes: Having a couple of lutes available for use will be
necessary when you want to periodically scrape up loose
and dead material from the courts, In need of a light
scarifying and conducting patch and repairs on the surface.
Replace the blades as they wear down and become less
agitating to the court.
Har -Tru Gator Rakes: Having a Gator Rake on hand will be
essential in case s where the surface will need a deeper
scarification. There are hand and tow models available.
steel Bristle Drag Brush. Having a Steel Bristle Drag
Brush on hand will also be necessary when you want a less
aggressive scarification than with the court rake however
using the Steel Bristle Drag Brushes when the surface is
too damp will cause surface material to cake on the bristles
and drop off. Use the brush when surface Is less moist.
Rollers: Having a reliable roller will be very important in
maintaining Har -Tru tennis courts. Performing preventative
maintenance on your 'equipment will ensure longevity and
consistent results. See Owner's Manual for preventative
maintenance schedules.
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25A-23
SPECIALIZED TOOLS & EQUIPMENT
Specialized tools may be necessary to complete your arsenal of tools. Knowing what
tools are available will help to maintain a high standard in maintenance practices.
Court Devils: Har -Tru Court Devils come In 2 different
sizes. A tow model and a hand model is available. This
equipment is used when 'a more aggressive surface agitation
is needed due to surface over -compaction or weed, algae
and moss growth occurs.
Hand Rolfers: Har -Tru Hand Rollers come In 2 sizes, 24"
and 16". Both rollers can be filled with water for added
weight. These court rollers are perfect for touch-up work
around court edges and patching low spots.
Spreaders: Tru -Flow Spreaders and Top -Dressers com in
3 different sizes, 24", 36" & 54". These spreaders can be
used when annual top -dressing occurs or whenever the
need to drop Har -Tru surface material consistently.
Line Scrub: The Har -Tru Line Scrub is a great tool for
cleaning court lines when a more aggressive brushing is
necessary.
Power Rollers: Har -Tru Power Rollers come in a variety of
forms. Court Pac, Court Pac Pro and Tow Rollers make
rolling Har -Tru tennis courts safe, fast and easy. 'Choose
Har -Tru brand equipment for all of your maintenance needs.
33
25A-24
COURT EQUXPMENT
Inspect condition of the following equipment:
EgljiRment
Condition
Center Strap Anchors
Center Straps and Hooks
Court Numbers
Dra Brushes
--�
Line Scrub
Line 5wee ers
Line Tapes
Lute Scarlflers
Nails—_._....._.........__..
Nets
Net Posts
Net Post Reels
Rollers_
-
Roller Brushes
Roller Scrapers
Tennle Two -Step
Tidi-Court
Windscreens
Fasteners
_
Ty -Wraps
- �^
Plastic Snaps__•.• _-
01
25A-25
DAILY MAINTENANCE
MORNING
1. Inspect Har -Tru surface for minor scuffing. If baseline areas require divot
repair, lute and re -dress as necessary.
2. Remove any weed growth problems and foreign debris from the surface.
3. Inspect tapes and nails for lifting of shifting.
4, Groom surface with an Aussie Clean Sweep, Court Rake or a Drag Brush. Make
wide turns with the Drag Brush to avoid accumulation of Har -Tru material. The
Aussie Clean Sweep serves a dual purpose; as a smoothing/leveling tool (with
teeth in the up position) and a debris remover (with teeth In the down position),
5. Sweep the line• tapes. Ensure the line tape area beneath the net has been
swept. Use a Line Scrub to rernove surface material that adheres to the fine
tape.
G. Roil the surface if necessary. Make wide turns. Avoid twisting and turning
motions that cause surface damage.
7. Sweep the tape lines after Clio surface has been rolled for a cleaner looking line
(optional).
a. Ensure that the net and center strap is set correctly.
9. Clean benches, coolers, cooler stands, ect. Ir these items are kept on -court
during the season, move them and groom the surface below on a regular basis.
10,Wash out the Tennie Two -Step on a dally basis if possible.
I1.1nspect Windscreens.
12.Ensure Line Sweeper, Aussie Clean Sweep, Court Rake and Drag Brush are
stored properly and do not pose a hazard to players.
MID-DAY
Mid-day maintenance keeps the court looking and playing as well during late
afternoon as it plays in the morning. The ideal situation would be for
maintenance time to be scheduled so courts could be brushed, lines swept and
the surface watered properly. The moisture level in the court profile should
remain adequate until the next maintenance period.
EVENING
Adequate brushing and thorough watering will ensure quality playing conditions
the following day.
1. Brush in alternate directions, particularly around baseline areas to smooth
surface prior to watering, Alternate direction of brushing on a nightly basis,
2. Water the court in a "cycling method" to accomplish a thorough watering during
the course of.an evening with as little run-off of water as possible. Proper
timing of watering cycles is best determined by observation. The Ideal situation
would be for the court profile to retain adequate moisture until the next
maintenance period.
37
25A-26
TEGHNIQUg FOR "QUICK CONTINUOUS" ROILING
Example of rolling � JI
several courts �4— -- —0 0 •f es
wRhoat removing nets.
38
25A-27
W31
PERIODIC MAINTENANCE
1. Inspect court surface material for any build-up to be removed;
particularly along the net -line.
2. Inspect the court surface for weed growth. Algae control Is best achieved
by following these guldeliiles;
a. Agitate low traffic areas on the court periodically. Use the Court
Rake, Lute/Scarifier, Steel Bristle Drag Brush, Court Devil or the
Lee Tow Scarifier.
b. Stay on. top of growth problems by regular observation and
preventive maintenance practices such as frequent surface
agitation,
c, consult your local county agricultural cooperative extension agent
prior to the purchase and application of any chemicals.
d. Always read the entire chemical label and follow any safety
precautions prior to application.
3. Periodic leveling/smoothing of the court surface may be required,
particularly in areas of heavy play, The best time of the day for
smoothing the surface is during the afternoon when the surface is drier,
just before turning on the watering cycle, Use a regular or Steel Bristle
Drag Brush.
4. periodic observation of the irrigation heads while irrigation system Is
running is the best preventive measure to ensure thorough and even
water distribution.
25A-28
Freeze/Thaw Effect of Phar -Tru Courts
Frost occurs In the Har -Tru clay court surface profile when water in the
surface freezes. Depending on the extent of the freezing weather, frost
may extend through the entire 1" thickness of Har -Tru, Whan sunlight and
higher temperature reach the frozen surface the following morning, these
Ice crystals will begin to melt from tie top of the surface downward through
the profile.
It may take several hours for all ice crystals to melt in the profile. While
these ice crystals are melting, water will form on top of the surface and form
puddles until the entire surface below begins to. thaw. Once the profile has
thawed completely the water will drain through the profile.
Until the entire profile has thawed and the water has drained back down
into the profile, the surface may be too wet for maintenance practice s and
for tennis play. We recommend everyone stay off the surface until it is
playable and workable since any traffic on a wet surface may compromise
the quality of that surface. If players or court maintenance staff enters the
playing area before. this drying cycle is complete, minor damage to the
surface can occur, '
To repair the indentations (footprints, roller marks, etc.) caused by entering
the playing area too quickly, use standard patching techniques or call Har -
Tru Sports or your local Har -Tru Clay Court material distributor for
guidance.
43
25A-29
TEND OF SEASON MAINTENANCE
1. Tennis Nets: Remove and attach a tag noting any repairs needed.
2. Windscreens: Inspect for needed repairs, label for easy relocation next season
and fold neatly for storage in a plastic bag. Wait until the windscreen is dry
(afternoon) before removing, Fence maintenance during the "off-season" can
be accomplished much easier without the windscreens hanging on the fence.
3. Net posts: Remove and Inspect for repairs.
4. Cover net postholes to prevent water, surface material and debris from entering
during the off-season.
S. Remove the tapes and nails. Ensure all nabs have been removed from the court
surface.
G. Coolers: Wash inside and out. Repair spouts if necessary.
7. Benches: Wash, repair and paint If necessary.
S. Line Sweepers, Drag Brushes and other accessories: Wash clean, Inspect for
repairs and hang properly to protect the bristles.
9. Roller: Consult owner's manual for proper servicing.
10.Aussie Clean Sweep: Wash clean, Inspect for repairs and hang to protect rubber
matting,
END OF SEASON HAR-TRU SURFACE MAINTENANCE
1. Brush and roll repeatedly to rill in and compact old nall holes.
2. Covering court surface with a nylon reinforced plastic cover for the winter
months reduces the amount of reconditioning required the following spring.
44
25A-30
FAiL SURFACE RECONDITIONING
Fall surface reconditioning is increasing in popularity because the tennis courts
can be opened earlier In the spring when demand for play Is strong and time
available for reconditioning is short, particularly during a wet spring. The
maintenance staff is under less time constraint In the fall, allowing for better
quality control In providing a superior playing surface. More time Is available
for other Important (and often postponed) spring maintenance duties around
the tennis court. Fall -weather patterns are more stable & predictable for
reconditioning. Initial expense to purchase a tennis court cover is justified
considering the life of the cover, benefits to the players and Increased
productivity of the maintenance staff.
WINTERIZING THE IRRIGATION SYSTEM
1. Turn off main water supply.
2. Ensure manual valves at base of sprinkler heads are open.
3. With an air compressor, blow out the Irrigation lines by activating each zone
separately for approximately 5 minutes, do not exceed 60 psi. Open each zone
valve box cover and inspect valves for any needed repairs while the system Is
being blown out.
4. Repeat step 3 until all water has been blown through the system.
5. Remove any debris from Inside the valve boxes.
6. Replace valve box lids.
7. Note any repairs or improvements needed for the system before the next
season
CONTINUING EDUCATION
Several educational aids are available for staff training; the General
Maintenance Outline for Har -Tru Tennis Courts, the Maintenance Video, the
maintenance DVD and other resources. Visit our web -site at www.har-trti.com
for additional information. These products are ideal for keeping your staff
informed, on a regular basis about the most efficient methods of Har -Tru tennis
court maintenance.
46
25A-31
5 YEAR BUDGET MAINTENANCE PLAN
The following includes a list of goals and time tables based on the Court Analysis
Survey. These timetables can be used in budgeting for short and long term
projects.
Sub ect__
Description _
Schedule
Laser Grading
Laser grading should be considered every
Every 10-15
& V lift
10-15 years.
years
Top -Dress
Topdressing is necessary for each annual
Annually
opening, 1-2 tons of Har -Tru per court
should be applied with each top -dress.
Line Tape
Line Tapes should be pulled up prior to top
Annually
replacement
dressing. This will ensure that lines are
straight, tight and have no surface material
buildup on either side of line tapes during
the playing season.
_
Windscreens
Windscreens should be replaced every 3-5
Now
years or as they start to fade, discolor and
&
et brittle.
3-5 years
Fencing -Hard
Fencing should be painted or replaced as
As Needed
Courts
needed. Keeping this project in a cycle will
help to eliminate a build up of high
budgetary Costs. _.
Tools &
__
Keeping Brushes and Hand tools in good
_
Drag
Equipment
working condition is essential for great Har-
Brushes,
Tru courts. Replacing worn .brushes, lute
Line Masters
blades etc. will keep the tools working
Lutes
properly.
Aussie's
Roller
Having as reliable roiler on site will be
Grease
important to ensure the best possible
annually &
courts. Preventative maintenance will
perform
ensure reliable equipment.
scheduled
Preventative
Maintenance
Amenities
Nets, Net Posts, Coolers, Benches, etc.
As Needed
should be replaced as needed.
48
25A-32
Maintenance Properly maintained Har -Tru courts ensure Annuaily
Training court longevity and consistent playablilty
which can really affect a facility's bottom
line. Making sure the maintenance crew is
sufficiently trained Is key, We offer
Information on our website that can provide
the training and knowledge needed.
Attending maintenance seminars gives a
Maintenance Employee an opportunity to
learn about best practices and to meet
others in the same Industry. They get
hands on training both in a classroom
setting and out on the court, Please contact
Har -Tru Sports for more Information.
�ww'-4-o"s*�wAlUTIA•.►
The following are staffing recommendations for daily maintenance of clay tennis courts,
Hair -Tru
We recommend 45-60 minutes per court each day, There are variables each day, week,
month and annunily, This staffing recommendation is an average figure meant to help to
determine staffing needs for the maintenance of Har -Tru Clay tennis courts.
SUB -IRRIGATED
We recommend 20-30 minutes per court, per day. There are variables each day, week,
month and annually. This staffing recommendation is an average figure meant to help to
determine staffing needs for the maintenance of Sub -Irrigated tennis courts,
44
25A-33
CITY OF SANTA. ANA
PARKS. k6iC'RFAT1oN AND ('UMMUNiTY SLil VICLiS AGENCY
13ARK/I'ACiJ..1'l'Y/Ili?Li) MODIF1CA-110N PROCESS
12/7/2007
The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by
groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform
in design with other park facilities. The intent ofthe proposed modification must take into consideration the
impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public
park services and facilities to the residents of Santa Ana.
The following information and/or process shall apply to any park facility or field modification proposed by the
City, organizational ttrouo(s)_altd/or individuals):
1. Modifications shall apply to any proposed installation or removal of capital improvements on any City -
owned park, facility or field, such as:
• Sports facilities
o ball fields, soccer fields, sports courts, etc,
o sports lighting
o dugouts
o batting cages
o bleachers
o scoreboards
a concession stands
o press/score boxes
• Play areas
o playground equipment
o playground surfaces
• Passive areas
• Park furniture and signage
o park and regulation signage
o picnic tables, park benches, barbeque braziers. trash receptacles, drinking fountains
• Park landscaping and irrigation systems
2. The process shall also include any offer to provide volunteer assistance mid or request for improvements
in the area of maintenance and/or landscaping to any City -owned park, facility or field, such as:
• Planting or removal of trees, slu•ubs, ground cover, vines, and flowers
* Maintenance of park landscaping such as:
o edging / trimming
o mowing
o sodding
o sprigging
o top dressing
o weed abatement
o trash/clean-up
1
Exhibit: C
25A-34
12/7/2UU7
User Grouv(s) Procedure
I ) Complete attached ParklFadlirvlField Mndiftation Request Fol m.
2) Submit Request Porro to Parks, Recreation and Comminity Services Agency, Attention:
Administrative Services Division.
3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division
staff.
4) If improvements are minor in nature and do not impact the original master plan of the park,
administrative approval may be granted to allow the applicant to proceed with work.
5) If applicable, and improvements are extensive, applicant shall provide preliminary plans for
review by the Parks, Recreation and Community Services Agency. Make any corrections to
plans or scope of work as identified by the Parks, Recreation and Community Services Agency.
6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association($), as
identified by the Parks, Recreation and Community Services Agency.
7) if preliminary plans are approved by the Neighborhood Association(s), all agreement may be
required between the organization and the City of Santa Ana.
R) Upon Neighborhood Associations) approval, the plans are taken to the Board of Recreation and
Parks for approval with neighborhood comments and/or terms of agreement.
9) if preliminary plans are denied by the Neighborhood Association(s), applicant may file a formal
appeal with the Board of Pafks and Recreation's Open Space Committee,
'10) if appeal of the preliminary plans is approved by the Open Space Committee, a recommendation
is taken to the Board of Parks and Recreation for approval.
1.1) If appeal of the preliminary plans is denied b the Open Space Committee, the applicant may
appeal the decision to the entire Board of Parks and Recreation.
12) if the Board of Parks and Recreation approves thephurs, and an agreement is required, which
staff will draft aril present to the City Council for approval. If no agreement is required, proceed
to Step 14.
13) If the Board of Parks mid Recreation denies the preliminary plans appeal, that decision is final
and thero is no further appeal process that may be undertaken.
14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement,
if required), applicant shall provide construction plans and specifications to the Parks, Recreation
and Community Services Agency, Administrative Services Division, and the Santa Ana Planning
and Building Agency, if applicable, Applicant shall make corrections to plans and specifications
as identified by the appropriate agency.
15) After plans and specifications have been approved by both the Parks, Recreation and Community
Services Agency and the Planning and Building Agency, a pre -construction meeting will be held
with the Parks, Recreation and Community Services Agency staff to review applicant's proposed
construction schedule to determine any impact on programs or operations at the specified
park/facility/field.
16) The Parks, Recreation and Community Services Agency will notify the organization on when
construction may proceed.
2
25A-35
CITY OF SANTA ANA
PARKS, RI CREATION AND COMMUNITY MRV ices MENCY
hirlc/Facility/Field Modification Request Dorm
(Please complete one form per project)
12/7/2007
Croup/ludividual Requesting
Modification
Non -Profit Tax ID No.:
Contact Person Name
Address
Phone Number: I Fax Number: -El-mail:
Certificate of Liabilityinsurance attached? Yes No Site Ian/dra-svin enclosed? Yes No
Projected Start Date: I Projected Completion Date:
proposed modification(s):
Brief description of how project will be funded and funding source:
Impact on parlc/facility/field during Improvement/maintenance:
Applicant
Approved /Dented by
Date:
Date:
Date Received and Piled by Board of Parks and Recreation
Conditions (r••/•any):
25A-36
MAYCIf1
MIpIA A, Polido
FIAT OR PRO TEM
C'adoa Rmum:une
COUNCILMCM895,
f'Iaurlia Alvnev
P D wO Flonwlva
flit 1.:IF Mdl t1w.,
M1111t CiMf S'nft1112M6
Sal Trull•. u
Insurance
CITY OF SANTA ANA
FINANCE & MANAGEMENT SERVICES AGENCY
PURCHASING DIVISION
20 CIVIC (ENTER PI APA M.I f,
P D. FJOA 108.11 - NANTA AIdA. CALIFOR141A 9710
PHONE (71 a1 547.5420 - FAX. (7141 bd7L949
CITY MANAC,FR
('IIY Al l OKNE'/
lust trh W rluo,cl
CLERK OF THE COIaNCII
Pauitrl E. Htal)
As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance
described below:
Certificate of Insurance (Acord's 25-S form no.) to include:
• General Liability —$1,000.000each occurrence
• Worker's Compensation —Within the limits required by the
State of California
• Automotive Insurance -- x1,000,000 combined single limit
A notation in the Caucellation clause (in the bottom right hand corner) of the Certificate must be made that the
City will be nulled 30 days writen norice of zoipcngcellation and the references "godgavor to' and "allure to
representatives" shall be
or
The attached "Additional Insured Endorsement"' provided by City must be completed and signed by the ins
broker, or the insurance companies provided form number CG20 10. The forms must include the fo
statement: "Tlte City of Sa►►ta Alla. it's officers, etnnlovees, ag_ews fend rep resagat pe are namgr( as ads
insured' 'rhe form must reference the Certificate of Insurance Policy number on the Additional Insurance.
Additionally, vendors working on City vehicles housed on the vendor's property are required to carry Garage
Liability.
Exhibit D
25A-37
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers,
employees, agents and representative are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of
the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This Insurance applies separately to each insured against whom ciaifn Is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person
or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, Including countersignature, is required to make this endorsement effective.)
Effective
Policy #
Issued to
Name Insured
Countersigned by
this endorsement form as part of
25A-38