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22-8042 Salina Tennis Alliance Facility Agreement.. ,..., RES OLUTI ON NUMBER # 22 -8042 A RES OLUTION AUTHORIZING THE CITY MANAGER T O EXECUTE A MANAGEMENT AGREEMENT ON BEHALF OF THE CITY OF SALINA WITH SALINA TENNIS ALLIANCE, INC., FOR THE OPERATI ON AND MANAGEMENT OF THE SALINA TENNIS FACILITY. WHEREAS, The City of Salina will own the tennis facility to be constructed at 805 The Midway in Salina, Kansas, and to be known as the Salina Tennis Facility; and WHEREAS, Salina Net Generation has established a Kansas not-for-profit corporation with pending application for IRC §501(c)(3) tax exempt status with the United States Internal Revenue Service under the name Salina Tennis Alliance, Inc.; and WHEREAS , On August 23, 2021 , the City Commission authorized the City Manager to execute an agreement with Salina Tennis Alliance, Inc . relating to the funding and construction of tennis facilities in Kenwood Park; and WHEREAS, Salina Tennis Alliance , Inc., has the administrative and tennis professional team necessary to operate a first -class public tennis facility ; and WHEREAS, The City of Salina has determined that the public interest in enhancing the opportunity for all Salinans to access and enjoy the lifelong recreational benefits of playing tennis will be best served by availing itself of the services of the Salina Tennis Alliance, Inc ., to operate and manage the Salina Tennis Facility as a component of the City's comprehensive recreational program; and WHEREAS, The City of Salina desires to engage Salina Tennis Alliance , Inc., to operate and manage the Salina Tennis Facility on behalf of and for the benefit of the City, and Salina Tennis Alliance , Inc., desires to accept such engagement, pursuant to the terms and conditions of a proposed management agreement; and WHEREAS, The proposed operational model under the proposed management agreement provides for the annual development of an annual plan as the framework for the proposed public-private partnership for the operation and maintenance of the Salina Tennis Facility, including an annual joint review of operations , facility maintenance, programming, offerings, fees and the City 's contribution, if any , to the approved operating budget, subject to approval by both the City of Salina and Salina Tennis Alliance, Inc.; and WHEREAS, on March 16 , 2022 , the Parks and Recreation Advisory Board recommended to the City Commission to approve the proposed operational model under the proposed management agreement and the proposed Annual Plan for 2022; and WHEREAS, Under the proposed management agreement, the annual plan will address staffing , scheduling, fee structure, and projected revenues from the instructional programming to be provided at the Tennis Facility and any lesson , clinic or other form of tennis instruction conducted at the Salina Tennis Facility during the agreed upon operating season in exchange for any form of compensation shall be conducted exclusively by employees of Salina Tennis Alliance , Inc., or "' "' independent contractors engaged by Salina Tennis Alliance, Inc., for fees established in accordance with the annual plan; and WHEREAS, it is the desire of the Governing Body to authorize the City Manager to execute a Management Agreement with Salina Tennis Alliance, Inc., relating to the operation and management of the Salina Tennis Facility; SO NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the city of Salina, Kansas: Section 1. The City Manager is authorized to execute a Management Agreement between the City of Salina and Salina Tennis Alliance, Inc., on behalf of the City for management and operation of the Salina Tennis Facility. Section 2. The City Clerk is directed to file and retain the original agreement according to the City of Salina Records Management Policy. Section 3. This resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 4th day of April, 2022. ~·~ fYW Trent W. Davis, M.D., Mayor [SEAL]