Res 198-88 10/4/1988RESOLUTION NO. /U
- y0------- - - - - --
RESOLUTION APPROVING ANNUAL CONTRACT WITH JOHN C. SIMMONS
AS TENNIS PROFESSIONAL AT THE HAMILTON PARK TENNIS CENTER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached
hereto, between the City of Wichita Falls and
John C. Simmons, for his services as tennis professional at
the Hamilton Park Tennis Center, is hereby approved, and the
City Manager is authorized to execute same on behalf of the
City of Wichita Falls.
PASSED AND APPROVED THIS THE 4th DAY OF OCTOBER, 1988.
ATTEST:
i r �
CITY CLERK
Page 2 of 16 Pages
Agenda Item No. - - - - --
1 �#
STATE OF TEXAS X
-COUNTY OF WICHITA X KNOL1 ALL MEN By TIIESE PRESENTS:
This agreement made and entered into this the _ day of
October 14�, by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City ", acting
herein by and through its City ;Tanager, and John C. Simr,.ons
hereinafter called "Tennis Pro ".
WI T`IESSETH:
For and in consideration of the mutual covenants hereinafter
contained, and the parties hereto do hereby agree as follows:
I.
City does hereby contract with Joan C. Simmons as a tennis
professional at the Hamilton Par1c Tennis Center. City does hereby
lease to Tennis Pro the tennis pro shop located at the '-iaoilcon ?ar"
Tennis Center, for a period of one year, commencing Octo'oer ,
lg ^f; , and thereafter on a month -to -month basis.
II.
Tennis Pro shall be considered a contractor of City ann his
fee shall be $2,050.Gd per month. It is expressly agreed and
understood by Tennis Pro and City the Tennis Pro is an independent con-
tractor and shall not be eligible for any fringe benefits to which
regular City employees are entitled.
III.
Tennis Pro shall be in charge of and responsible for the operation-
of :jgm;ltnn Park Tennis Center. He shall perform all duties and
responsibilities as are required of him by the laws of the State of
Texas, the ordinances of City, the current Tennis Policies of the Parks
and Recreation Department of City, and the directions of the Recreation
Superintendent of the Parks and Recreation Department of City. A copv
of the current Tennis Policies of the Parks and Recreation Department
is attached hereto and made a part hereof as is copied in full herein.
IV.
Tennis Pro shall collect _Cr City all daily court tees, annual
permit fees, and tournament fees for play at the Hamilton Part:
Tennis Center. all daily court fees, annual permit fees, and tournament
Pa .-e 3 of 15 Pages
Agenda Item No.
fees shall be kept in a cash register provided therefor. Tennis Pro
shall keep an accurate account of all daily court fees, annual permit
fees, and tournament fees collected, and shall deposit the same with
the Parks and Recreation Depart.mcnt at its office in the Memorial
Auditorium Building on Mondays of each week without exception.
V.
Tennis Pro shall have the right to give tennis lessons at
Hamilton Park ' Tennis Center and City shall receive 101 of the lesson
fee plus a court fee from the person taking the lesson.
V1.
Tennis Pro shall Also account to City for the revenues which he
receives from the sale of merchandise, for racquet stringing and con-
cessions sold through his pro shot) located at Hamilton Park Tennis
Center. City shall receive 50 of the revenues from the sale of mer-
chandise, racquet stringing and concessions sold by Tennis Pro through
the pro shop at Hamilton Park Tennis Center.
VII.
Tennis Pro shall keep accurate and correct books on the oceraticm
of his business and such books shall be open -for ins-nectic-i by City or
any person designated by it.
Tennis Pro shall take good care of the personal property a.-d real
property hereby leased to him and he will deliver the property back. to
City at the expiration or the term4naati-- of this lease in the same
condition as same was received, natural wear and tear exce-oted.
Tennis Pro shall make-no alterations in the building hereby leased
without the written consent of the Director of Parks and Recreation of
City.
X.
It is understood and agreed that the cit% '.Ianager of the City may
at any time cancel this contract after criving 69 days notice in writing
of cancellation to Tennis Pro.
Page 4 of 15 Pages
-Agenda Item No.
XI
Tennis pro shall hold City harmicsn for any dx-aaacs or _;:,.-Jury to
persons or property caused by or arising out of Tennis Pro's operatics
of the Hamilton Park Tennis Center. Tennis Pro further agrees to
provide cit-r with a certificate of insurance attesting to the ownership
of a general 1;,b;j—, insurance I;cy, with city named as an additional
'insured, protecting Tennis Pro and City frc.-.i legal liability claims
which might ar4se out of Tennis pro's oneration of this ccriccssion, to
include bod-41%, 14' ab4 14 t%, in sure..__ in an-., ccmbinat4C, of
und_,r'yin -asurance and excass insurance which :sill orcvide a total
coverage Of orle-millicr. Sollars ($1,000,000) cc-,bined single U-Mit
TC3L). Fire and theft ccveraaa for prs=arty bQ1�n1qiz1q,, to Tennis Pro
shall be sole responsibility of Tennis Pro.
x1l.
Tennis Pro shall orcvide nrc=er supervision at Hamilton Park
Tennis Center during all open hours in accordance with the Tennis
Policies.
=7 .
This ccnt=act and agreement, when signed and eff_-cti✓e, cancels,
abrogates, and renders a nullit-i all crc✓icus ccntracts and acraements
between the oarties heretofore entared, into c=c3rninc: the em=_!ovmen-_
of contract.._
XIV
This contract is valid after October 1, 1988 subect to
approval of its fUn,44:,= in the 1988-89 fiscal Year bu,4=et by t- City
council. If its =,_,ndnq is not so apz.,rovej, th4s contr=ct shall
null and void.
INI •ilnZss the Parties hereto have caused this agreement
to be signed as of the day and year irs4 arittcn ah=e.
ATTEST:
City C I 1
Approved as to form:
-3-
C I t Y 7-t t Ter nz�—Y –
CITY OF 1,,;ICHITA FALLS, TEXAS
3y:
James Bernina, City iManager
Ennis t1ro
Page 5— -Of ?_Pages
Agenda Item No.
PARKS AND RECREATION Dr__DART'IENT
Tennis Policies
September 25, 1987
PURPOSE: To establish standard operating procedures and
policies for Hamilton and Weeks Park Tennis Centers.
RESPONSIBILITY: It shall be the responsibility of the Tennis
Pros to ensure that the contents of this directive are followed
by employees, as well as participants.
L_
SCOPE:
1. The Tennis Pros shall be responsicle for recommmending,
maintaining, supervising and providing a wholesome and
well-rounded tennis program whereov the citizens of t%-ichita Falls
can be afforced an equal opportunity to participate in
recreational and competitive tennis. Program shall include, but
not be limited to, the promotion and conduct of tennis
tournaments, establishment and sucervision of an instructional
program, supervision of all play, pr--:-,oti--r,, conduct: of clinics,
publicity of the tennis program and tennis centers, and
correlation of tennis activities ..;ith local schools and other
tennis-oriented orcanizations.
2. The Tennis Pros shall be contractors for the City of t•lichita
Falls. Performance of work will be reviewed by the Recreation
Superintendent. Both Hamilton and Ne-_ks Park Tennis Centers will
have a Tennis Pro who is solely res-Icnsible for the operation of
that center.
3. The Tennis Primes snail conform 70 all policir?s and procedures
of the Parks and Recreation Department ana the --,Ity of ..71chita
Falls therein now in effect or tncse acopted in the future. They
snail abide by and enrorce all rules applica-t-le to tne operation
of the tennis program.
4. Each Tennis Pro shall employ adJitionai nersonnel for their
center who shall assist in z:ne operation ne that facility, and
all employees will be approved by tote the Pro and tn,,? Recreation
Superintendent before tney are hired. Fitner the Tennis Pro or
their approved employee must be on duty, at all times rne
facility is in operation. Tonnis Prcs mu:-,t work a minimum of 40
hours per week at tneir contracted center. Elxceot i on s are
programs representing their centE-r which require absence;
illness; vacation; holidays. 'Employees hired by the Tennis Pros
Page of Pages
Page
Agenda Item No.
Must be at least lCyears of age and a junior in niqln school,
interested in tennis, knowledgeable of cashier procedures, and
have skill in dealing with public. The 'Dennis Pros and their
employees shall be responsible for selling merchandise,
collecting fees, taking reservations, general cleaning,
maintenance, and the supervision of the facility.
5. The Tennis Pro shall be responsible,for routine daily
maintenance of the courts, pro shop, and spectator areas. The
Parks Maintenance Division shall perrorm maintenance tasks at tne
tennis courts when requested by the Recreation Superintendent,
such as painting, repairs, or major cleaning tasks before
tournaments.
6. The hours of operation shall be 8:00 a.m, to 10t:C0 p.m.,
Monday through Saturday, and 12:00 noon to 10:00 p.m., Sunday,
April through September; and 9:00 a.m. to 9:00 p.m., Monday
through Saturday, and 12:00 noon to 9:00 p.m., Sunca-,,/, October
through March, weatner permitting. The centers will be closed on Thanksgiving,
Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, and Easter.
7. The Tennis Pros snall be Permitted to dive lessons at eitner
center, anc only four (4) courts total at a time r.,ill be utilized
for this purpose, unless prior approval is aranted by the
,_7
Recreation t h the ion Superintendent. anproval of the Recreation
Superintendent, the Tennis Pro may hire instructors to assist in
giving lessons at his center. The Cit,/ shall receive 10% if all
lesson fees plus a court fee from the person takinc the lesson.
8. The Tennis Pros shall be responsible f6r scheduling all
leagues and such schedules must be approved oy the Recreation
Superintendent before the leaaue beains. Each person entering a
league shall pay the City $2.00 plus a court fee for each da ' ;
they participate in the league. LaaqUeS 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 eicint-week sessions unless
prior approval is .granted by tne Recreation Superintendent.
9. All tournaments most be approved annuall- ' / and requested at
least one month prior to the tournament from the Recreation
Superintendent. All tournaments must be contracted in the Parks
and Recreation Office ev.Ln though exempted from charae.
10. Tournament players snall pay a S2.1,".1 court lee -or earn
L
tournament. The only exemptions from the tournament Eees shall be
the Surersecticnals and c•;ichita Falls Inde-pencent School District
tournaments coorciinatea between the Athletic Director of the
W'FISD and the Director c L , P a r , : s and Recreation. A l l i t n r
tournaments snail '))t/ the above Tenticned court
fee rare
including tournaments sponsored tl y the Tennis Pros. Each pru is
to have one tournament per c;uorter', ccordinater-I throunn the
Recreation Superintendent.
Page of - -Pages,
Agenda Item NO.
11. Tennis Pros shall not grant permission for any sales by
outside groups at either center witnout securing permission from
the Recreation Superintendent.
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, tournaments 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 caily court fees anc annual
permits plus 5% from the sale of mercnandise, racquet stringing,
and concessions; and 10% from all lessons.
15. Daily Court fees Shall be as follows:
$1.50 per person 1 1/2 "ours D a -Irt im e
$2.00 per person 1 1/2 nouns Evenings*
$1.00 per person 1 1/2 noun - N7ee 1, en c s
*(Beqinnina 111:00 �Iectemcer; 6:31' p.m.
October througn Marcn)
Annual Permits (:;ooc for one year frcrn (,'alze of r,,urc,-)ase)
$120.00 Famil -,; (�iusbano, r.-ii fe, and Children
under I'll years of ac:e)
$ 75.00 Adults
$ 45.00 Juniors (10' and uncer)
16. Tho afor-amentione-d tennis 2olicies will be reviewed annually
by the Parks anc Recreation Department staff in order to maintain
the best possible operating standaras.
Page of Pages
Agenda- -Item No.
-3-
PARKS AND RECREATION DEPARTMENT
Tennis Policies
September 25, 1937
PURPOSE: To establish standard operating procedures and
policies for Hamilton and weelrcs Park Tennis Centers.
RESPONSIBILITY: It shall be the responsibility of the Tennis
Pros to ensure that the contents of this directive are followed
by employees, as well as participants.
SCOPE:
1. The Tennis Pros shall be responsible for recommmending,
maintaining, supervising and providing a wholesome and
well-rounded tennis program whereby the citizens of Wichita Falls
can be afforded an ecual opportunity to participate in
recreational and competitive tennis. Program shall include, but
not be limited to, the pro.,rotion ana conduct of tennis
tournaments, establishment and supervision of an instructional
program, supervision of all play, promotion, conduct of clinics,
publicity of the tennis program and tennis centers, and
correlation of tennis activities with local schools and other
tennis-oriented orc:anizations. I.
2. The Tennis Pros shall be contr-actors for the City of Wichita
Falls. Performance of work will be reviewed by the Recreation
Superintendent. Both Hamilton and t,eeks Park Tennis Centers will
have a Tennis Pro t.Mo is solely responsible for the operation of
that center.
3. The Tennis Pros snail conform UO 311 policies and Orocedures
of the Parks and Recreation Department anti the City of Wichita
Falls therein now in effect or ticse adopted in the future. They
hey
snail abide by and enrorce all rules applicable to the operation
of the tennis program.
n
4. Each Tennis pro shall e aoloy additional nersonnel for their
center who shall assist in the operation of that facility, and
all employees will be approved by Lotn the Pro and the Recreation
Superintendent before ttiey are hired. Either the Tennis Pro or
their approved emplo;ee must be on duty, at all times the
facility is in operation. Tennis Prcs Tu:3t work a minimum of 441
hours per week at t,-,eir contracted center. 1F:_'XCf20tions are:
programs representing their center whicn cequir,? absence;
illness; vacation; holidays. Employees Iiireci by the Tennis Pros
Page of Pages
Page -
Agenda Item No.
must be at least 16 -7ears of age and a junior in nigh school,
interested in tennis, knowledgeable of cashier procedures, and
have skill in dealing with public. The 'Dennis Pros and their
employees shall be responsible for selling :merchandise,
collecting fees, taking reservations, general cleaning,
maintenance, and the supervision of the facility.
5. The Tennis Pro shall be responsible for routine daily
maintenance of the courts, pro shop, and spectator areas. The
Parks Maintenance Division shall perrorm maintenance tasks at the
tennis courts when requested by the Recreation Superintendent,
such as painting, repairs, or major cleaning tasks before
tournaments.
6. The hours of operation shall be 8:00 a.m, to 1i:00 p.m.,
Monday through Saturday, and 12:00 noon to 10:00 p.m., Sunday,
April through September; and 9:00 a.m, to 9:00 p.m., Monday
through Saturday, anc 12:00 noon to 9:00 p.m., Sunday, October
through March, weatner permitting. The centers will be closed on Thanksgiving,
Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, and Easter.
7. The Tennis Pros shall be permitted to q_ive lessons at either
center, and only four (4) courts total at a time 4:111 be utilized
for this purpose, unless prior approval is granted by the
Recreation Superintendent. : :ith the approval of the Recreation
Superintendent, the Tennis Pro may hire instructors to assist in
giving lessons at his center. The Cite shall receive 1100 of all
lesson fees plus a court fee from the person taking the lesson.
8. The Tennis Pros shall be responsible for scheduling all
leagues and such schedules must be approved by the Recreation
Superintendent before the league begins. Each person entering a
league shall pay the City $2.00 plus a court fee for each da/
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 eignt -week sessions unless
prior approval is Granted oy the Recreation Superintendent.
9. All tournaments must be approved annuall -/ and requested at
least one month prior to the tournament from the Recreation
Superintendent. All tournaments must be contracted in the Parks
and Recreation Office even though exempted from charge.
10. Tournament players shall pay a S2,C:3 court fee for each
tournament. The only exemptions from the tournament fees shall be
the Surersectionals and �,richita Falls Independent School District
tournaments coordinated between the Athletic Director of the
WFISD and the Director of Pars and Recreation. All other
tournaments snail pay the above mentioned court fee rate
including tournaments sponsored r;y the Tennis Pros. Each pro is
to have one tournament per quarter, coordinated through the
Recreation Superintendent.
Page of Pages
Agenda Item No.
11. Tennis Pros shall not grant permission for any sales by
outside groups at either center f:itnout securing permission from
the Recreation Superintendent.
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, tournaments 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 ano annual
permits plus 5% from the sale of „nercnandise, racquet stringing,
and concessions; and l0o from all lessons.
15. Daily Court fees shall be as follows:
$1.50
per
person
1
1/2 hours
Da-7t ime
$2.00
per
person
1
L/2 nours
Dveningsw
$1.00
per
person
1
114, -:our
:deekenas
* (Beginning °.01.1 p.m. ,pr i 1 hrc ^n ;eptemcer • 6.33 p.m.
October througn March)
Annual Permits (good for one year frog, date of purchase)
$120.00 Fam11y (�- ?uscnnd, :vlfe, and Children
under 19 years of age)
$ 75.(90
$ 45.00
adults
Juniors (lo and under)
16. The aforementioned tennis policies will be reviewea annually
by the Parks anc Racreation Department staff in order to maintain
the best possible operating standards.
Page of Pages
Agenda Item No.
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