91-041 Cupertino Sports Center - REDACT SSN IN LF 91-041 CUPERTINO SPORTS CENTER
P 040 283 980
Receipt fOf
14 CePtified Mail
No Insurance Coveragerovtded
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Cit14 of Cupertino lames Trenner
+s1eC`an°'v°
2673 Tuli^. Tree Lane
Sans:.,, d t„L' cod+ CA 95051
40:Sptl"carte Avenut: P o tana rlara}
Cupertino.CA 95014-3255 Pnstape �`
i'clephone:(408)777-3223
FAV(.10S)777-3300 Cenfied fee
UIVINION OF Tall:CITY CLERK Sooc'a'DetrverV Foe
DI-TAR"ITINWN'i'OI'ADMINISTRATIVE SERVICES
Restncted D011e1y Fee
Ft win Rere'P%Showm9
1�' m iJ Whom&Date Dci,e,ed
May 3, 1 C 94
(D Rnwm Recapt Sho—nG to Whom.
C Date,and Addressee's Address
T'JTAL Postage
y Fees
James I`rentier O Postmark or mate
w
2673 'Tulip Tree Lane
Santa Clara, California 95051 0
uN
a
NOTICE-OF ACTION
CITY COUNCIL ACTION -RESOLUTION NO. 9081: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CUPERTINO AUTHIORIZING
EXECUTION OF AGREEMENT WITH JIM TRENNER TENNIS FOR TENNIS
INSTRUCTION AT THE CUPERTINO SPORT'S CENTER
At its regular meeting of*May 2, 1994, the Cupertino City Council declined to execute the
proposed agreement for your professional services to provide tennis instruction at the
Cupertino Sporty Center. Please niakc arrangements with Recreation Supervisor Don
McCarthy at (408) 777-3124 to remove any remaining instructional equipment stored at
the Cupertino Sports Center.
Sincerely,
n
KIM MARIE SMITI-I 4
CITY CLERK
I KS/cs
cc: Department of Parks and Recreation
• Complete items 1 and/or 2 for additional se"wes. I also wish to receive the
• Complete items 3,and 4a&b. following services (for an extra
0 • Print your name and address on tj reverse of this forru so that we can feel:
return this card to y8u. - 7tt
m • Attach this form to-the front of th4,hqHpiece.of on jl 4 back it spare 1. ❑ Addressee's Address
does not permit t
• Write"Return "Receipt Requested"on p q iiie.mailpieoe:beipw the article number. 20 Restricted D@IIV@fy
• The Return n Receipt wi l show to whorn the article'Y4 VAvered and the date
C delivered. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
James Trenrer P 040 283 980
2673 Tulip Tree Lane 4b. Service Type
E Santa Clara, CA 95051 ❑ Registered ❑ Insured a
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W ❑ Express Ma'0 eceipt for 9
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CC 6. Signatu ( ent) 1S
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PS Form 1911, December 1991 tru.s.GPO:1993,- 2.7i4 DOMESTIC RETURN RECEIPT
as
UNITED STATES POSTAL SERVItPP�' �,- r
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Official Business u' USPE E T6 R'1 iIVATE
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Print your name, address and ZIP Code here
CITY CLERK
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
„�► IlIII IIIIIIIII lolli!!
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SON of Cloperti"o
10300 Torre Avenue P.O.Box-W
Cuprrono,CA 95014-3255 Cupertino,CA 95015-0580
Telephone: (408'1 252-4505
FAX,1408)252'0753
June 9, 1992
Jim 'LYennex
2673 Tulip Tree
Santa Clara, CA 95051
AGREEMENT - JIM ZRENNE R FOR CC NCESSIC NURE AND MOVM40T SERVICZ
CUPERTI O SPORTS CAR
Dear Mr. Trenner:
We are enclosing to you for your files one (1) arFf of the Agreement by
and between the City of Cupertino and Jim Trenner, which has been fully
executed by City Officials, along with one (1) certified copy of
Resolution No. 8644, which was enacted by the City Council of the City of
Cupertino, at their regular meeting of Monday, April 20, 1992.
Sincerely,
DOROTHY OD/RNELIUS
CITY CLERK
CITY OF CUPER`IINO
DC/so
encl.
cc: Steve Dowling, Director of Parks and Recreation
RESOLLYrICK NO. 86"
A RESaUMCd 1OF THE CITY COUNCI , OF TM CITY 1OF CUPMM
AUTHORIZING EXECUTION OF AGREEMEM BETWEEN THE JIM
ANU THE CITY OF CUPS FOR CONCESSICkk= AND MNAGEKENT
--9EMFICES AT THE CLU4TdMO SPORTS CAR
VAEREAS, an agreement- between the City of Cupertino and iim Trenner
�aft'n' the reams and cun&tions for the prt vision of concessionaire and
naraage�eent services a the Cupertino Sports Center, has been presented to
the City Council; and said agreement :having been approved by the Director
of Parks and Recreation and the City Attorney;
NOW, 71MMM, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AMID ADCrIED at a regular meeting of the City Oouncil of the
City of Cupertino this 24th day of Apri 1 , 1992 by the following
vote:
Mote Members of the City Council
AYES: Dean, Goldman, Koppel, Szabo, Sorensen
NOES: None
ABA: Nune
ABSTAIN: None
APPROVED:
/s/ Lauralee Sorensen
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND rIM TRENNER
FOR CONCESSIONAIRE AND MANAGEMENT SERVICES
AT THE CUPERTINO SPORTS CENTER
THIS AGREEMENT is entered into by the City of Cupertino ("CITY"), a
municipal corporation of the State of California, and Jim Trenr.er ("CONTRACTOR")
for the purpose of CONTRACTOR providing management and concessionaire services at
the Cupertino Sports Center ("CSC"), a CITY owned property, on an independent
contract basis.
A. TERM OF CONTRACT.
This Agreement will become effective on May 1, 1992 and will continue to be in
effect until April 30, 1994, unless otherwise terminated under the provisions of this
Agreement.
B. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform each duty and obligation imposed herein in full
compliance with the Cupertino Municipal Code and other ordinances and policies of the
CITY, and all applicable State and Federal laws. CONTRACTOR shall be responsible for
the following:
1. Operating, managing and supervising the CSC, including, but not limited to:
a) Submitting to CITY, and upon approval., implementing a written
promoiional strategy;
b) Enforcing all rules and regulations;
c) Posting notices of class times and tennis court usage in approved
locations;
d) Regulating the play and conduct of the players;
e) Policing the CSC, preserving order, and providing for security of the
CSC and preventing injury to the CSC by players and others;
f) Keeping the CSC open ►or that number of hours approved by the CITY;
r
g) During operating hours, inspecting and maintaining locker rooms when
recessary;
h) Keeping lavatories open at all times that the CSC is open for play or the
Pro Shop is open for business and keeping lavatories closed and locked at times
designated by the CITY.
i) Establish hours of operation for the swimming pool.
j) Collecting all fees and preventing any person from playing without first
having paid court fees (when fees are charged);
k) Providing private tennis lessons. There will be no court rental fee for
CONTRACTOR'S use of a court or courts for instructional puiposes. CITY sponsored
classes will be on assigned court(s) as designated by the CITY.
1) Scheduling tournaments and other tennis activities at the CSC. The
CITY shall provide the CONTRACTOR with policies and guidelines for permitting
tournaments, exhibitions and other tennis activities.
m) Adopting and maintaining monthly and annual reports recording
statistics on the use of the facilities at the CSC, and deliver to CITY on or before the
15th day of each month such reports.
2. Operating, managing and supervising the Pro Shop, the restaurant and
kitchen, including, but not limited to:
a) Maintaining, selling and renting a stock of merchandise, supplies, and
equipment in the Pro Shop sufficient to meet customer demand and suitable for use at the
CSC including, clothing, tennis rackets, tennis balls, tennis shoes, books and other tennis
equipment and supplies;
b) Maintaining and operating a business in the Pro Shop for the stringing
and repair of tennis rackets;
c) Preserving proper order in or about the Pro Shop, restaurant, kitchen
and premises;
d) Providing security for the Pro Shop, restaurant and kitchen;
e) Maintaining and operating vending machines for the sale of food and
beverage;
2
f) Furnishing and paying all charges for telephone services which relate to
the Pro Shop, restaurant and kitchen operations;
g) Furnishing and paying all costs in connection with maintaining the
interior of the Pro Shop, restaurant and kitchen together with routine maintenance
thereof, the janitorial services to include, but not be limited to, cleaning of windows, and
the routine maintenance of interior furnishings equipment and fixtures. Cl It f retains and
reserves the right to inspect the Pro Shop, restaurant and kitchen to ensure said
maintenance is satisfactory.
h) Paying all costs for utilities furnished at the CSC.
3. CONTRACTOR shall provide, at his own expense, the following equipment
and furnishings:
a) Fixtures, counters, showcases, equipment and other interior furnishings
or devices required to operate the Pro Shop;
b) Dedl-s, chairs, file cabinets and other interior furnishings required to
operate the offices;
c) Promotional cases, publicity racks and other interior furnishings
required for the lobby;
d) For the Large dining area and banquet room provide: at a minimum 24
tables suitable for indoor dining; 120 chairs suitable for indoor dining for 144-180
persons and 31 bar stools;
e) For the fitness room provide at a minimum: 10 cardiovascular and/or
exercise units which are of industrial quality and equivalent in quality to what most clubs
in the area offer. (e.g. Lifecycles and Stairmasters which cost approximately $3000
each);
f) For the tennis court divider areas provide: a minimum of nine tables (3
tables at each divider) and a minimum of 18 chairs (6 chairs at each divider);
g) For the balcony provide: 4-48" round tables suitable for outdoor dining;
12-16 chairs for around the 4 dining tables; 12 additional chairs for viewing; and 6 end
tables;
h) For the pool provide at a minimum: 15 lounge chairs; 4 tables each with
an attached umbrella; and 16-24 chairs.
3
4. CONTRACTOR shall, in addition to the foregoing duties:
a) For the tennis courts, repair and replace windscreens and nc-ts in order
to maintain quality tennis play;
b) Obtain apd pay for any permit or license required by the Cupertino
Municipal Code, CITY resolution or policy or any other ordinance or State or Federal
law, including all liquor licenses any: permits;
c) Remain in compliance with all local, state and federal laws and
ordinances regarding liquor service, particularly laws mandated by the A.B.C. and
CITY'S business license ordinance;
d) Pay any and all taxes including, but not limited to, personal property
taxes, and sales and use taxes assessed against CONTRACTOR, or his possessory interest
in the CSC, Pro Shop, including but not limited to, inventories used in performing
CONTRACTOR's duties under this Agreement.
C. DUTIES OF CITY.
CITY shall, in conjunction with CONTRACTOR's service, do the following:
1. Work with CONTRACTOR in the promotion of tennis tournaments and tennis
programs.
2. Turnish facilities for storage of inventory. merchandise selling area,
equipment, and office space.
3. Provide space for registration activities, court reservations and promotion of
the CITY's sponsored tennis program.
4. Prescribe the form of court rental fee records required in connection with the
operation of the CSC.
5. Maintain the CSC and appurtenant structures, including interior painting,
repairs and preventative maintenance of H.V.A.C., swimming pool, spa, kitchen
equipment, tennis courts (surfaciag and lighting), tennis posts, fences, grounds and
adjacent improved off-street parking areas.
6. Maintain the exterior of the buildings (except window cleaning) including, but
not limited to, roofing, painting, flooring, street-side landscaping and keeping all locks
and fasteners in a state of repair.
4
7. Repair and replace all broken windows within the Pro Shop other than those
resulting from any act of neglect by CONTRACTOR.
S. Determine, from time to time, rules and regulations for operation and
supervision of the CSC including, but not limited to (a) the minimum number of hours of
play for which the CSC is to be kept open each day and each week, (b) the minimum
number of hours the Pro Shop, locker areas and lavatories are to be kept open each day
and each week, and (c) the system of handling reservations and other procedures
governing the priority and use of the tennis courts.
9. Approve the amount of coart use fees. Said fees may be changed from time-
to-time by City Council action, but under no circumstances will fees be changed -.:yore
often than once per Contract Year. Initial rates established by the CITY are as set forth
in Schedule I attached hereto and incorporated herein by this reference.
D. PAYMENT TO CITE', RECORDS AND ACCOUNTS,
1. CONTRACTOR shall adopt and maintain a system of records and accounts
approved by the Director of Finance of CITY. On or before the 25th of each month
during which this Agreement remains in effect, CONTRACTOR shall deliver to CITY a
statement showing the total amounts of money collected or received by CONTRACTOR
from all sources during the preceding calendar month.
2. Commencing July 1, 1992, CONTRACTOT' shall remit to CITY the sum of
fifteen percent (15%d) of all gross receipts up to a dollar amount of $70,000.00, derived
from all operations of CSC.
3. CITY reserves the right to require an annual financial review and
unannounced audits of gross receipts to verify accounting procedures of the CSC
operations.
E. COMPENSATION OF CONTRACTOR.
CONTRACTOR, as compensation for the services performed under the terms of
this Agreement, shall be entitled to keep and retain: (i) from May 1, 1992 through June
30, 1992, one hundred percent (100%) of monies received; (ii) commencing July 1, 19921
�"'*g the effective term of this Agreement, the balance, after 15% of gross receipts
(excluding sales tax) up to a dollar amount of $70,000.00 has been paid to CITY, of
monies received.
5 __j
F. INDEMNIFICATION: INSURANCE: BONDS.
1. CONTRACTOR shall protect, defend, indemnify and hold harmless the
CITY, its City Council, officers, employees and agents, from and against any and all
claims, demands, orders, decrees or judgment for injury or death or damage to pe,,son(s)
or property, loss, damage, liability, expense (,including all costs and reasonabie attorneys'
fees incurred in defending any claim, demand or cause of action), occasioned, by,
growing out of, or arising or resulting from any act or omission on the part of
CONTRACTOR, or his agents or employees, arising or resulting from the performance
of any services required herein to be performed by CONTRACTOR or arising from the
use of the CSC, or the Pro Shop by CONTRACTOR, or his agents or emFloyee�; or
arising from the use of any buildings or improvements thereon or therein by any person
or persons, or arising out of the operation or maintenance of dangerous or defective
condition of the Pro Shop, or any other structure, facility or thing erected or placed in
the CSC and under the control or supc.i-vision of the CONTRACTOR.
2. CONTRACTOR shall and will, during the period commencing on the
effective date this Agreement and continuing without interruption throughout the term, or
upon termination, and at his own cost and expense, provide and maintain in such form
and with a company satisfactory to CT'Y, a policy or policies of each of the following
types of insurance;
(a) Comprehensive single limit public liability insurance in a7 amount not
less than five hundred thousand dollars ($500,000.00); (i) CITY shall be named as an
additional insured in all of said insurance policies; (ii) a contractual liability endorsement
shall be included in each insurance policy, extending coverage to include the liability
assumed under Section I above; (iii) a products liability endorsement shall be added to
each insurance policy in the minimum amount of fifty thousand dollars ($50,000.00) on
account of any one occurrence; (iv) statutory workers' compensation insurance and
employers' liability insurance for all employees of CONTRACTOR.
3. Any policy of insurance required of CONTRACTOR shall also contain an
endorsement providing that thirty (30) days notice must be given in writing to CITY of
any pending change in the liability or of any cancellation or modification of the policy.
6
4. CONTRACTOR shall fill out and for;ard to the CITY an accident report on
any injury that takes place in and around the CSC within, twenty-four (24) hours of said
injury.
5. CONTRACTOR, shall have the sole responsibility of insuring (if he so
desires and at his own expense) any furnishings, fixtures, equipment, merchandise and
supplies which he is required to provide under the terms of this Agreement against loss or
damage from fire, theft or any other cause.
G. INDEPENDENT CONTRACTOR.
1. At all times CONTRACTOR shall be deemed to be an independent contractor
for professional services with full rights to manage his employees subject to the
requirements of the law;
2. No employee of CONTRACTOR shall be deemed to be an employee, agent
or representative of CITY at any time or for any purpose whatsoever. CONTRACTOR
shall provide statutory worker's compensation to his eligible employees at his own cost
and shall be responsible for applicable withholding of taxes under State and Federal law
for CONTRACTOR and any of his employees.
H. TERMINATION.
1. Upon expiration of the term of this Agreement, or upon the sooner
termination of such term from whatever cause, CONTRACTOR may remove any and all
furnishings, fixtures, equipment, merchandise and supplies installed or Purchased by
CONTRACTOR provided, however, that any item not removed within fifteen days of
said expiration shall be deemec; abandoned by CONTRACTOR to CITY and absolute title
thereto vest in CITY immediately.
2. CONTRACTOR shall leave the Pro Shop and CSC appurtenances in good
order, condition and state of repair, reasonable wear and tear and damage by the elements
excepted, together with any alterations, changes, additions or improvements thereto.
CONTRACTOR shall be responsible for any damage to the Pro Shop and CSC
occasioned by third parties the removal of any furnishings, fixtures or equipment; and for
such damage, if any, CITY shall have a lien on said items of personal property until such
damages are paid.
3. Termination for Breach. Should either CONTRACTOR or the CITY default
in the performance of this Agreement or materially breach any of its provisions, the other
party may, at its option, immediately terminate this Agreem nt by giving written
notification to the ether party.
4. Termination Upon Notice. Either party may terminate this Agreement at
any time by giving nine-L;r (90) days written notice to the other party. Unless otherwise
terminated in accordance with the terms of this Agreement, this Agreement shall continue
in force and effect for the period specified in Section A of this Agreement.
I. GENERAL PROVISIONS.
1. Notices. Any notices to be given by either party under the terms of this
Agreement shall be made in writing and may be delivered, either personally or by
certified or registered mail with postage prepaid and return receipt requested, as follows:
TO CONTRACTOR: Jim Trenner
2673 Tulip Tree Lane
Santa Clara, CA 95051
TO CITY: Steve Dowling
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
2. Entire Agreement. This Agreement constitutes the entire Agreement of the
parties and supersedes any and all agreements, either oral or written, between the parties
with respect to the subject matter of this Agreement. Any modification of this
Agreement shall be effective only if in writing and signed by both parties.
3. AsSianment. No portion of this Agreement may be assignr..d or subcontracted
without the express written consent of CITY, which consent shall no: be unreasonably
withheld.
4. Severahility. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will
nevertheless continue in full force and effect without being impaired or invalidated in any
way.
5. Governing Law. This agreement will be governed by and construed in
accordance with the laws of the State of California.
8
IN WITNESS WHEREOF, this Agreement is dated �a. 1 1992.
"CITY": CITY OF CUPERTINO, a
municipal corporation
By:
Steve Dowling
"CONTRACTOR": JIM TRENNER, an
individual
?i renner
APPROVED AS TO FORM:
Z9 l
CITY ATTORNEY
ATTESTED BY:
City Clerk f
Rev. 04/10/1992
9
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SCREUULE I
CUPERTINO SPORTS CENTER USER RATES
DAY USE RATES
Resident - $6.00
Non-Resident - 8.00
SEASONAL. PASSES Monthl Quarterly Annua
a. Resident - Single 55 120 (40) 360 (30)
b. Resident - Couple 75 180 (60) 600 (50)
c. Resident - Family 95 240 (80) 840 (70)
d. Non-Resident - Single -15 180 (60) 600 (50)
e. Non-Resident - Couple 95 240 (80) 840 (70)
CONTRACTOR may charge non-residents a $200.00 application fee.
Rev. 04/10/1.992
.10
AGPIU2=
CITY OF CUPERTINO
P. O. BOX 580
Cupertino, CA 95014
BY THIS AGREEMENT made and entered into on the 10th day of December, 1991, by
and between the CITY OF CUPERTI'NO (Hereinafter referred to as CrN) and JAMES
P. T. mow., 2673 Tulip Tree Zane, Santa Clara, CA 95051, 977-5531
(Hereinafter referred to as CONTRACTOR) , in consideration of their mutual
convenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or
materials:
1. The services to be performed by Contractor:
See attached recreation class schedule.
2. The times and places Contractor will perform the services:
See attached recreation class schedule.
3. The number and eligibility of persons to receive the services:
A. All youth and adalt classes: At least 4 participants, but no more
than 8 participants per class.
B. Exceptions: PeeWee classes - at least 4 participants, but no more
than 12 participants per class. Advanced Junior Workout Clinic - at
least 4 participants, but no more than 20 participants per clinic.
4. Fee to Contractor for services:
A. *Contractor is to receive 80% of resident fees for all City of
Cupertino Parks and Recreation Department sponsored lessons for
Spring Session I Tennis and Racquetball lessons.
* Contractor is to receive 100% of resident fees for all City of
Cupertino Parks & Recreation Departments lessons for Spring Sessions
II and III.
P.O. NO. 25945
810-6449-721.00
$12,000.00
This Agreement shall bemme effective upon it execution by CITY, in witness
thereof, the parties have executed this Ag emment the day and year first
written abave.
C30NTRAC%M: CITY OF CUPERTINO
By By
Ti _ ��tGvt� Recreation Supervisor
Soc. Sec. # 548-15-1187
APPROVAIS:
Department Head Date: City Date
t,upA
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10300 Torre Avenue Vainortino, — `014 (400) 2524505
Memorandum
T0: Stephen G. Dowling, Director of Parks & Recreation
FROM: f�,�- Don C. McCarthy, Recreation Supervisor
SUFs=: Extension of Jim Trenner's (CSC) Contract #025245
DATE: April 1, 1992
This is to inform you that the contract with "Jim Trenner Tennis" to manage the
Cupertino Sports Center will be extended from April 1 - April 30, 1992. "Jim
Trenner Tennis" will be compensated $500.00 per week for the operational management,
and $825.00 per week for part-time personnel.
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At
1030D Tone avenue P O.Sox 580
Cupertino,California 9SO14 Cupertino,Cafrtnrnda 9S015
Telephone: (403)2S2-4WS
DEPARTMENT OF THE CITY CLERK
Decerber 23, 1991
Jam Trenner
2673 Tulip Tree Lane
Santa Clare, California 95051
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and Jam Zremler which has
been fully eawcuted by City Officials.
Four agreement shall begin on 12/14/91 and shall be cmpleted before
04/02/92.
Thank you for your services.
Sincerely, e5
DOROTHY CORNEIIUS
CITY CLERK
DC/cs
encl.
cc: Parks and Recreation Dept.