Res 199-98 10/4/1988RESOLUTION NO._
RESOLUTION APPROVING ANNUAL CONTRACT WITH JODY ANN WHITE LYONS AS TENNIS
PROFESSIONAL AT THE WEEKS 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 Jody Ann White Lyons, for her services as tennis
professional at the Weeks 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:
SJOIlatz-4 ( , j 11 i I A a I-An �W>
CITY
Page 3 of 16 Pages
Agenda Item No.____
STATE OF TEXAS X
KINO'N ALL :1EN D TaESE ?RESENTS:
•COW �•I
TY OF ICir IT1 X
This agreement made and entered into this the day of
nrtnher , 148v, by and bet-seen the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City ", acting
herein by and through its City :Tanager, and Jody Ann White -Lyons ,
hereinafter called "Tennis Pro ".
WIT`IESSETH:
For and in consideration of the mutual covenants hereinafter
contained, and the parties hereto do hereby agree as follows:
City does hereby contract withJody Ann White -Lyons , as a tennis
professional at the 6Jopks Park Tennis Center. City does hereby
lease to Tennis Pro the tennis pro shop located at the Weeks Park
Tennis Center, for a period of one year, commencing notobpr
1938 , and thereafter on a month -to -month basis.
II.
Tennis Pro shall be considered a contractor of City and his
fee shall be $2,060.00 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 :•rhich
regular City employees are entitled.
III.
Tennis Pro shall be in charge Of and responsible for the operation-
Of Weeks Part, 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 copy
of the current Tennis Policies of the _ark's and Recreation Department
is attached hereto and made a cart hereof as is copied in full herein.
IV.
Tennis Pro shall collect f„- Ci`_ all da:.ly ccur= =ees, annual
permit fees, and tournament fees for clay at the Weeks Park
Tennis Center. All Bail: court =_es, annual cormit f-es, and tournament
Page 10 of S Pages
Agenda Item 'No.
fees shall be kept in a cash register provided therefor. Tenniz 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 Deoartment 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
Weeks Park . Tennis Center and City shall receive 10". 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 shop located at Weeks Park Tennis
Center. City shall receive 5% of the revenues from the sale of mer-
chandise, racquet stringing and concessions sold by Tennis Pro through
the pro shop at Weeks Park Tennis Center.
V11.
Tennis Pro shall keep accurate and correct books on the oneration
of his business and such books shall be open for insnecticn, by City or
any person designated by it.
Viii.
Tennis Pro shall take good care of the personal property and real
property hereby leased to him and he will deliver the property back to
City at the expiration or the terminaticn, of this lease in the same
condition as same was received, natural wear and tear excepted.
Ix.
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 City ?tanager of the City may
at any time cancel this contract after giving 50 days notice in writing
of cancellation to Tennis Pro.
Page 11 of 15 Pages
-Agenda Item No.
-2-
XI
Tennis pro shall hold City harmless for any d—,-,1a9cs Or -4.-.jur7 to
'Persons or Property caused by or ar4:;47.g out of Tennis Pro's coaraticn
of the Weeks PArk Tennis Center. Tennis Pro furttcr agroes to
provide City with a certificate of insurance attesting to the ownership
of a general liability insurance pOl4C-,-, with city named as an additional
'insured, protecting Tennis Pro and City frrc.-a legal liability claims
which might arise out of Tennis Pro's cocration of this concession, to
include bodily injury liabilitv insurance in any cc.mbination of
undarivina insurance and excess insurance which will provide a total
coverage of one million dollars ($1,000,000) combined single limit
Fire and theft coverace for prs=erty bQ-].-,-.
ll j to Ten Pis Pro
shall be sole responsibility of Tennis Pro.
xis.
Tennis Pro shall zrovide orc=ar su=ervisicn at Weeks Park
Tennis Center during all open hours in accordance with the Tennis
Policies.
XI II.
This contract and agreement, when signed and effactive, cancels,
abrogates, and renders a nullity all previous contracts and acraementz
bet-.,een the parties heretofore entcred into concerning the em-ployment
of contractor XIV
I
This contract is valid after October 1, 1988 subject to
approval 04 its funding in the 1988-89 fiscal year budget by the City
Council. 1-1 its funding is not so approverd, this coat_ -nct shall
be null and void.
IN WITNESS INHEREOF, the parties hereto have caused this aareement
to be signed as of the day and year first written atio--.e.
ATTEST:
TIE; clerk
Approved as to form:
-1 -3-
IE7 A�
Etorn y
CITY OF WICHITA FALLS, TEXAS
BY:
James berzina, City Manager
Tennis Pro
Page 12 of 15 Pages
Agenda Item No._
PARKS AND RECREATION DEPARTMENT
Tennis Policies
September 25, 1927
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.
to
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 equal opportunity to participate in
recreational and competitive tennis. Program snail include, but
not be limited to the promotion ano 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 ol-aanizations. I.
2. The Tennis Pros shall be contractors for the City of Wichita
Falls. Performance of work will be reviewed by the Recreation
Superintendent. Both Hamilton and Neeks Park Tennis Centers will
have a Tennis Pro who is solely resr�onsible for the operation of
that center.
3. The Tennis Pros snail conform to all policies and procedures
of the Parks and Recreation Department and the City of Wichita
Falls therein now in effect or tnose adopted in the future. They
snail abide by and entorce all rules applicable to the operation
of the tennis program.
4. Each Tennis Pro shall eimploy additional oersonnel for their
center who shall assist in the operation of that facility, and
all employees will be approved by botn the Pro and the Recreation
Superintendent before they are hired. Either the Tennis Pro or
their approved employee must be on duty, at all times the
facility is in operation. Tennis Prcs must work a minimum of 421
hours per week at tneir contracted center. Exceptions are:
programs representing their center which require- absence;
illness; vacation; holidays. Employees hired by the Tennis Pros
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Page -
Agenda Item No.
most be at least 16 ^years of age and a junior in Uigin schoolr
interested in tennis, knowledgeable of caohier procedures, and
have skill in dealing with public~ The Tennis 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 cespooszble,foc routine daily
maintenance of the courts, pro shop, and spectator areas. The
Parks Maintenance Division shall pec±orm 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 8x00 a.m. to I�, :80 p.m.,
Monday throogh 3atucdsy, and l2:08 noon to l0:08 p.m.° Sunday,
Apri l through Septemoer; and 9:0Q a,m. to 9:Q0 p.nn., Monday
through Saturday, and 12:00 noon to 9:00 p.m., Sunday, October
through March, weatoec permittzng. The centers will be closed on Thanksgiving,
Christmas Eve, Christmas Day, New Yearts Eve, New Year's Day, and Easter.
7. The Tennis Pros anall be permitted to gzve lessons at e/cnec
center, and only four (4) courts total at a time xill be utilized
for this purpose, unless prior approval is granted by the
Recreation Superintendent. 'V.ith the anpronal of the Recreation
Superintendent, the Tennis Pro may hire instructors to assist in
giving lessons at his center. The City shall receive lO% of all
lesson tees plus a court fee from the pecsAn taking the lesson.
8. The Tennis Pros shall be responsible fbr 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 daf
they participate in tne league. Leagues shall not use more tnan
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 by the Recreation 3uperzntendent,
g. All tournaments most be approved annually an-- 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 snall pay a S2,00 court tee for each
tournament. The only exempt ions trom the tournament fees shall be
the Sopecoectionals and ��ichita Falls Iodepenoent School District
tournaments coocdinatea between tne Athletic Director of the
WFISO and the Director ot: Packs and Recreation. All other
tournaments shall pay the above mentioned court tee rate
including tournaments sponsored Oy th�? Tennis Pros. Each pro is
to have one tournament per quarter, coordinated chrounn the
Recreation Superintendent.
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Agenda Item No.
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11. Tennis Pros shall not grant permission for any sales by
outside groups at either center without 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 dally 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 merchandise, racquet stringing,
and concessions; and 10o from all lessons.
15. Daily Court fees shall be as follows:
$1.50
per
person
1
1/2
hours
Da -,,time
$2.00
per
person
1
t/2
nours
Evenings*
$1.00
per
person
1
1/2
noun:
Weekends
*(Beginning 3:00 p.m. April through Septemoer; 6 :33 p.m.
October through March)
Annual Permits (good for one year fro; date of purchase)
$120.00 Family (Husband, 6,jife, and Children
under 19 years of age)
S 75.00 Adults
$ 45.O0 Juniors (lo and under)
16. The aforementioned tennis policies will be reviewed annually
by the Parks anc Racreation Department staff in order to maintain
the best possible operating standards.
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Agenda Item No.
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