ORDINANCE 741A
ORDINANCE NO. 37 -71 -741
ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, ACCEPTING BID FOR TENNIS COURT
MAINTENANCE CONTRACT -; AUTHORIZING MANAGER
TO ENTER INTO CONTRACT; AND APPROPRIATING
FUNDS THEREFOR.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY'
OF SOUTH MIAMI, FLORIDA
Section 1. That the bid of FULLWOOD CONSTRUCTION COMPANY
for Dante B. Fascell Tennis Courts Maintenance Contract be and
hereby is ACCEPTED and APPROVED.
Section 2. That the Manager be and hereby is instructed
and authorized to enter into contract on behalf of the City with
said bidder for a period not to exceed five (5) years, conditioned
upon approval of the documents as to form by the City Attorney.
Section 3. That there is appropriated from Account No.
24 -461 Tennis Courts Maintenance and Other Sums, such sums that
shall be necessary to pay any difficiency in receipts as provided
in Section 4 of the Bid.
Section 44 In the event Leo Fullwood is no longer associated
with the Company the City may terminate the contract.
PASSED and ADOPTED this _-7-1--h day of __ nAdomber r 1971.
ATTEST:
MYd @rk.
APPROVED
ffA'yCR
CONTRACT FOR MAINTENANCE OF TENNIS COURTS
AGREEMENT between the City of South Miami, Florida,
hereinafter referred to as "City" and Fullwood Construction
Company, hereinafter referred to as "Contractor"
WHEREAS, the Contractor submitted to the City a bid
for the maintenance of the tennis courts at Fa'scell Park,,
and
WHEREAS, the City by Ordinance No. 37 -71 -741 accepted
said bid and authorized the entry into a contract between the
City and the Contractor; and
WHEREAS, this Agreement has been drawn in compliance
with said bid and Ordinance accepting same;
NOW, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter set forth the parties agree as follows;
1. The Term of this aZreement shall be five (5) years
from CC: 14 unless earlier terminated as here-
inafter provided.
2. The City may terminate this agreement upon ten (10)
days written notice in the event Mr. Leo Fullwood shall, at any
time during the term hereof, disassociate himself from the con-
tractor and discontinue his personal services in the operation
of the tennis Courts referred to herein.
3. The City shall: grant to the Contractor the egelusive
concession for axles of tennis equipment at the Dante D. Fascal.l
Park, and exclusive Height to give private lessons,, it is provided,
however, that the charges for private lessons and equipwant shall
he those nornally charged fn the 'bade County area at sh-Ala
stalls i s and eh#11 vetbj@et to review by the cite manager
or Council, The Contractor shall operate a Pro -Shop for the
purpose of selling said equipment and shall keep the same open
between the hours of 9:00 A.M. and sunset,. A duly qualified
teaching tennis professional shall be in :attendance during
such hours excluding Monday and holidays. The contractor shall
supervise the tennis court area, maintaining order and enforc-
ing court rules as promulgated by the City Manager. The contractor
shall devote not less than four (4) hours per week to the giving
of group lessons on behalf of the City at no charge to the City.
4. The City shall
a. Pay all utilities including water, electricity and
telephone. The City shall ma inta in all areas in the Dante B.
Fasce ll Park with the exception of the tennis courts and Pro- Shop.
b. Keep insured all buildings and external facilities
of the tennis courts; provided, however, that all personal
property and equipment of the contractor shall be the sole
responsibility of the contractor.
5. a. The Contractor shall collect daily court fees
and retain the same, providing such receipts do not exceed the
suni of $600.00 per month, In months where such receipts exceed
$600.00, the surplus shall be paid to the City. in months where
such receipts are less than $600.00, the City shall pay the con-
tractor the difference between the amounts received and $600,00,
b„ Contractor shall can the fifth of each month
render an accounting to the City showing all receipts for the
preceding months sham be settled,,
e* if a net tennis Center U�rthift 5 blocks of
Pastel! Nark becotes operAtiva ulthin the tem of this agm@tent
the City shall not thetelfter he 'tequited to pay de ceak4etor
any a ;In any t th V&@f@ Cully esert 'nga see 1 two
'02a
b. The Contractor shall:
a. Ma inta in and keep on repair the City owned, tennis
courts and tennis facilities located at Dante B. Fascell Park.
Maintenance shall include brushing, watering, furnishing and
spreading of surface material (not to exceed 18 tons per annum)
replacement of nets, anchors and center strips, repair and
adjustment of sprinkling system, rolling of courts, scarifying
and reshaping courts. Contractor shall furnish all necessary
materials, tools, labor, etc., necessary for the above maintenance.
b; Furnish all tennis ,aids.
c. Within 90 days from date hereof erect utility shed
at its cost; keep tools and equipment; and store tennis court
material (clay and top dressing)
d. Within 90 days hereof, erect 6' fence along west
border of tennis court 160' with /gate, with technical assistance
from the City;all costs of erecting fence including materials shall
be borne by the Contractor.
e. Within 90 days hereof landscape area west of courts
with 31 Palm trees 15' high, value $2,635.00, Adonidia Merrilli
(Dwarf Royal), Plus small plants for color.
f. Within 90 days hereof re- build, resurface, reline
6 tennis courts, approximate value: $9,600,00, and repair or
replace tennis curtains, approximate value $446.00,
7. The Contractor shall, perform this contract as an,
independent Contractor and nothing herein, contained shall he
construed to he inconalStent with this relationship or atatus.,
If thia Contraetor shall. fail or raf'use to tot!ply
with any of tM tem§ of 'this agreeri2at g ter 10 days mitten
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notice by the City to the Contractor to remedy any breach of
this agreement, the 'City at its option may thereupon terminate
this agreement. Failure of the City to exercise such option
shall not estop the City from subsequently exercising such option '. .
9. If either party shall be required to take legal
action to enforce this agreement or to collect any sums due
hereunder, the court may award reasonable attorney's fees to
the prevailing party to be paid by the other party.
10. This agreement may not be assigned by the Contractor
without prior approval of the City Council evidenced by a written
resolution.
11. This contract includes the entire understanding
and agreement of the parties and supersedes all prior agreements
written or oral.
12. Any notices permitted or required hereunder shall
be deemed completed upon mailing of notice to the following
addresses:
a. To the contractor:
1. � H /era it / Woaj
6430 Snapper Creek. Drive
Miami, Florida
b. To the City
Attention of City faneger
6130 Sunset Dr ive
South 14iomi, Florida 33143
'Executed in duplicate this-2L day of February, 1972.
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