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Res 110-2018 Amending Contract with Johnny Simmons 10/2/2018 Resolution No. 110-2018 Resolution amending the contract agreement with Johnny Simmons as tennis professional at Hamilton Park Tennis Center, with overflow coverage at Weeks Park Tennis Center WHEREAS, the City currently operates its tennis programs through a management agreement with a Tennis Professional, at Hamilton Park Tennis Center, with tournaments and overflow play at Weeks Park Tennis Center; and, WHEREAS, the current agreement is with Mr. Johnny Simmons as Tennis Professional to manage the program; and, WHEREAS, the current agreement expires September 30, 2018; and, WHEREAS, the City desires to extend that agreement for a five-month term st commencing the 1 day of October 2018, and extending on a monthly basis, while the City solicits alternative proposals for these services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City hereby amends the contract agreement with Johnny Simmons, Tennis Professional of Hamilton Park to manage nd PASSED AND APPROVED this the 2 day of October, 2018. ______________________________ M A Y O R ATTEST: ____________________ City Clerk STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA § THIS AGREEMENT , made and entered into this the _____ day of ___________, _____ by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter referred to John C. Simmons, herein W I T N E S S E T H: For and in consideration of the mutual covenants hereinafter contained, the parties do hereby agree as follows: Term .The City does hereby contract with John C. Simmons as a tennis professional to and overflow play when needed at Weeks Park Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop st located at the Hamilton Park Tennis Center for a five-month term commencing the 1 day of October, 2018, and extending on a monthly basis, while the City solicits alternative proposals for these services. Upon expiration of the fourth month of the term of this contract, said contract can be terminated by either party with Compensation . In consideration of the services performed hereunder, City agrees to pay Tennis Professional a monthly stipend of Four Thousand ($4,000.00) Dollars. Duties of Tennis Pro . Tennis Pro shall be responsible for the prompt and efficient operation of the Hamilton Park Tennis Center as well as the operation of the Weeks Park Tennis Center for overflow from tournaments, leagues and lessons. Such responsibility shall include, but not be limited to the following responsibilities: operate and maintain the facilities in accordance with the Parks and Recreation Tennis Policies dated June 1, 2018, a copy of which is attached and incorporated herein for all purposes provide proper supervision during all hours of operation implement and collect fees and charges for professional tennis services and activities collect daily court fees, annual permit fees, tournament fees, and league fees for play at the Center keep an accurate account of all daily court fees, annual permit fees, tournament fees, league fees and other fees collected, and deposit appropriate amount with Parks and Recreation on a weekly, pre-set schedule keep informed of the latest developments of the tennis field oversee all aspects of the Tennis Center, including pro shop/concession, tennis lessons and leagues, merchandise sales, racket stringing and similar services identify and report resource needs direct, control and account for expenditure of funds under the approved budget rations and allow the City to review at any time abide by and enforce Center rules take care of personal property and City property, and deliver back to City at the expiration of the contract that which belongs to the City in the same condition received, allowing for normal wear conduct himself or herself at all times and in all matters in accordance with the standards accepted from tennis professionals as established by the United States Professional Tennis Association maintain an exemplary credit rating with suppliers and manufacturers and others so as not to discredit the reputation or name of the City Alterations .Tennis Pro shall make no alterations to the leased premises without the written consent of the Director of Parks and Recreation of the City. Termination . It is understood and agreed that the City Manager of the City may at any time cancel this contract, for cause, after giving thirty (30) days notice in writing of cancellation to Tennis Pro. Insurance . Tennis Pro shall provide the City with a certificate of insurance attesting to the ownership of a general liability insurance policy in the amount of $1 Million, with the City named as an additional named insured, protecting Tennis Pro and City from legal liability claims which might arise Indemnification . Tennis Pro shall hold the City harmless from any damages or injury to Hamilton Park Tennis Center or Weeks Park Tennis Center. Independent Contractor . In performance of the requirements of this agreement, Tennis Pro shall be considered an independent contractor and shall not be considered an employee of the City for any purpose. Construction . This agreement shall be controlled and interpreted by the laws of the State of Texas. Severability . The invalidity or unenforceability of any provision hereof shall in no way affect the invalidity or enforceability of any other provision. Waiver . Failure to insist upon strict compliance with any term, covenant or condition of this agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Waiver or Modification . Any waiver, alteration or modification of any of the provisions of this agreement or cancellation or replacement of this agreement shall not be valid unless in writing and signed by both parties. Verification. I, ____________________, being over the age of eighteen years and in my official capacity representing an entity that is a party to this contract with the City of Wichita Falls, hereby swear and verify under oath: Entity does not boycott Israel; and Entity will not boycott Israel during the term of this contract. _________________________________________ Signature Governmental Function Clause. All parties agree that this contract is one wherein the City of Wichita Falls is solely performing a governmental function. All parties expressly agree that the City is not engaging in any propriety functions. Contractual Damages Limitation Clause. All parties agree that damages in this contract are limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, the City is not liable for consequential damages or exemplary damages. Entire Agreement . This agreement contains the entire agreement between the parties. Tennis Professional ____________________________________ John C. Simmons City of Wichita Falls, Texas By: _______________________________________ Darron Leiker, City Manager Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed before me on this _____ day of ____________, ______, by ______________________. _________________________________________ Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed before me on this _____ day of ____________, ______, by Darron Leiker, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said City. _________________________________________ Notary Public, State of Texas Parks and Recreation Tennis Policies June 1, 2018 P: To establish standard operating procedures and policies for Hamilton Park URPOSE and Weeks Park Tennis Centers. R : It shall be the responsibility of the Tennis Professionals to ensure that ESPONSIBILITY the contents of this directive are followed by employees as well as participants. S : COPE 1. The Tennis Professional shall be responsible for recommending, maintaining, supervising and providing a wholesome and well-rounded tennis program whereby the citizens of Wichita Falls can be afforded an equal opportunity to participate in recreational and competitive tennis. The program shall include, but not be limited to, the promotion and conduct of tennis tournaments, leagues, establishment and supervision of an instructional program, supervision of all play, promote and conduct clinics, publicity of the tennis program and tennis center, and correlation of tennis activities with local schools and other tennis- oriented organizations. 2. The Tennis Professional shall be a contractor for the City of Wichita Falls. Performance of work will be reviewed by the Recreation Services Administrator. 3. The Tennis Professional shall conform to all policies and procedures of the Parks and Recreation Department and the City of Wichita Falls now in effect or those adopted in the future. They shall abide by and enforce all rules applicable to the operation of the tennis program. 4. The Tennis Professional shall employ additional personnel, who shall assist in the operation of the tennis program, and all employees will be approved by both the Tennis Professional and the Recreation Services Administrator before they are hired. The Tennis Professional or their approved employee must be on duty at all times the facility is in operation. The Tennis Professional must work a minimum of 40 hours per week at either center. Exceptions are: attending programs representing the City tennis program; illness; vacation; holidays. Employees hired by the Tennis Professional must be at least 16 years of age and a junior in high school, interested in tennis, knowledgeable of cashier procedures, and skilled in dealing with the public. During this extension period, the City anticipates improved customer service training for front line staff so that they can communicate more effectively with patrons and work to engage with public about upcoming programming. These employees shall also work online to increase promotions and sales. The Tennis Professional and their employees shall be responsible for selling merchandise, collecting fees, taking reservations, general cleaning, maintenance, and supervision of the facility. During this extension period, the City anticipates that the Tennis Professional will develop and input a data base of customer contact information, update online capabilities and increase promotions and sales with emphasis on social media, email broadcasts and other automated communication systems. 5. The Tennis Professional shall be responsible for routine daily maintenance of the courts, pro shop, and spectator areas. The Park Maintenance Division shall perform maintenance tasks at the tennis courts when requested by the Recreation Services Administrator, such as painting, repairs, or major cleaning tasks before tournaments. 6. Weather permitting, the hours of operation of each center from September through May shall be: 9:00 a.m. - 9:00 p.m. Monday through Friday; 9:00 a.m. - 7:00 p.m., Saturday; 1:00 p.m. - 7:00 p.m. Sunday. Hours of operation from June through August shall be: 8:00 a.m. - 9:00 p.m. Monday through Friday; 8:00 a.m. - 8:00 p.m. Saturday 1:00 p.m. - 8:00 p.m. Sunday. Note: Operating hours will be adjusted to accommodate tournaments. The centers will be closed on Independence Day, Thanksgiving, Christmas Eve, 7. The Tennis Professional shall be permitted to give lessons, and only four (4) courts total at a time will be utilized for this purpose, unless prior approval is granted by the Recreation Services Administrator. Tennis Professionals may hire instructors to assist in giving lessons at the center. The City shall receive 10% of all lesson fees plus a court fee from the person taking the lesson. 8. The Tennis Professional shall be responsible for scheduling all leagues. Each person entering a league shall pay the Tennis Professional $2.00. In addition, they must pay for each day they participate in the league. Leagues shall not use more than four (4) courts at a time in order to leave courts open to regular play, and shall be limited to eight-week sessions unless prior approval is granted by the Recreation Services Administrator. In the absence of league play, the Tennis Professional shall be responsible for offering weekly and recreational matches are organized and offered. Each person playing in Professional $ Leagues shall not use more than four (4) courts at a time in order to leave courts open to regular play unless prior approval is granted by the Recreation Services Administrator. 9. All tournaments must be approved annually and requested at least one month prior to the tournament from the Recreation Services Administrator. All tournaments must be contracted in the Parks and Recreation Office even though exempted from charge. 10. Tournament players shall pay a $5.00 court fee for each tournament. The only exemptions from the tournament fees shall be the Wichita Falls Independent School District tournaments coordinated between the Athletic Director of the Wichita Falls Independent School District or his representative and the Recreation Services Administrator. All other tournaments shall pay the above- mentioned court fee rate, including tournaments sponsored by the Tennis Professionals. The professional is to have one tournament per quarter, coordinated through the Recreation Services Administrator. 11. The Tennis Professional shall have sole permission to conduct sales within the fenced area of the centers and not grant permission for any sales by outside groups at either center without securing permission from the Wichita Falls City Council. 12. There shall be a cash register maintained in the pro shop at each center provided by the City. All receipts from daily court fees, annual permits, tournament fees, league fees, sale of merchandise, lessons, and concessions shall be accounted for in the register. 13. Receipts shall be turned in to the Parks and Recreation Office on Mondays of each week, without exception. 14. The City shall receive all daily court fees and annual permit fees, plus 5% from the sale of merchandise, racquet stringing and concessions; and 10% from all lessons. 15. Daily Court fees shall be as follows: $3.00 per person 1½ hours League Fee $2.00 Annual Permits (good for one year from date of purchase) $100.00 To Be Determined at the Approval of the City 16. The aforementioned tennis policies will be reviewed annually by the Parks and Recreation Department staff in order to maintain the best possible operating standards.