Res 005-87 1/6/1987RESOLUTION NO. J-47
RESOLUTION APPROVING CONTRACT WITH
JOHN C. SIMMONS AS TENNIS PRO-
FESSIONAL AT THE HAMILTON TENNIS
CENTER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain contract between City of Wichita Falls and
John C. Simmons, a copy of which is attached hereto, naming him
tennis professional at Hamilton Tennis Center, is hereby approved,
and the City Manager is authorized to execute the same for the City
of Wichita Falls.
PASSED AND APPROVED this the it./ day of January, 1987.
r
MAYOR
ATTEST:
4/_46-9-t4-4 'City Clerk
STATE OF TEXAS X
COUNTY OF WICHITA X KNOW ALL MEN BY THESE PRESENTS:
This- agreement. made=and..entered into this the day of
October : , 1986 , .by and .between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called- "City", acting
herein-bynand- through itsnCity Manager,-and -is-,-John- C. Simmons
hereinafter called "Tennis Pro".
WITNESSETH:.
For and in consideration of the mutual covenants hereinafter
contained, and the parties hereto do hereby agree as follows:
I.
City-does-hereby employ- John C. Simmons - , as a tennis
professional at the - Hamilton- Tennis Center. City does hereby
lease to Tennis. Pro the: tennis pro-shop located at the Hamilton
Tennis Center, for a period of one year, commencing October.
1986, and thereafter on a month-to-month basis.
II.
Tennis Pro shall be considered a contract employee of City and his
salary shall be $2,050.00 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 which
regular City employees are entitled.
III.
Tennis Pro shall be in charge of and responsible for the operation
of Hamilton 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 Parks and Recreation Department
is attached hereto and made a part hereof as is copied in full herein.
IV.
Tennis Pro shall collect for City all daily court fees, annual
permit fees, and tournament fees for play at the Hamilton
Tennis Center. All daily court fees, annual permit fees, and tournament
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 Department at its office in the Memorial _
Auditorium Buildinir'dn'Mondays of each week without exception.
n c l'Tenriia P'ro shall have-the right to give- tennis lessons at-
Hamilton Park • Tennis Center and City shall receive 107 of the lesson
i
fee plus a court fee from- the persom taking the lesson.•
Tennis`Pro -shall--also account to City for the revenues which he
receives from the sale of merchandise, for racquet stringing and con-
cessionssold through his-pro shop located at Hamilton 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 Hamilton Park Tennis Center.
VII.
Tennis Pro shall keep accurate and correct books on the operation
of his business and such books shall be open for inspection 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 termination 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 Manager of the City may
at any time cancel this contract after giving 50 days notice in writing
of cancellation to Tennis Pro.
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1110"= •
XI.
Tennis Pro shall hold City harmless for any damages or injury to
persons or property caused by or arising out of Tennis Pro's operation
of the Hamilton Park Tennis Center. Tennis Pro further agrees to
provide City with a certificate of insurance attesting to the ownership
of.a general liability insurance policy, with City named as an additional
insured, protecting Tennis Pro and City from legal liability claims
which might arise out of Tennis Pro's operation of this concession, to
include bodily injury liability insurance in any combination of
underlying insurance and-excess insurance which will provide a total
coverage of one million dollars ($1,000,000) combined single limit
tCSL) . Fire and theft coverage for property belangiftg to Tennis Pro
Shall be sole responsibility of Tennis Pro.
XII.
Tennis Pro shall provide proper supervision at Hamilton Park
Tennis Center during all open hours in accordance with the Tennis
Policies.
XIII.
This contract and agreement, when signed and effective, cancels,
abrogates, and renders a nullity all previous contracts and agreements
between the parties heretofore entered into concerning the employment
of contractor •
XIV
This contract is valid after September 30,1986 subject to
approval of its funding in the 1986-87 fiscal year budget by the City
Council. If its funding is not so approved, this contract shall ter-
minate on September 30, 1986
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be signed as of the day and year first written above.
CITY OF WICHITA FALLS, TEXAS
BY:
James Berzina, City Manager
Tennis Pro
ATTEST:
City Clerk
Approved as to form:
PARKS AND RECREATION DEPARTMENT
Tennis Policies
November 12, 1986
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 .
SCOPE:
1 : The Tennis Pros shall be responsible for recommending, maintain-
ing, 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 shall include, but not be limited to, the promotion and con-.
duct 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 organizations .
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 Weeks Park Tennis Centers will have a Tennis Pro
who is solely responsible for the operation of that center .
3. The Tennis Pros shall conform to all policies and procedures of
the Parks and Recreation Department and the City of Wichita Falls
therein 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 . Each Tennis Pro shall employ additional personnel for their center
who shall assist in the operation of that facility, and all employees
will be approved by both 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 Pros must work a minimum of 40 hours per week at their con-
tracted center . Exceptions are: programs representing their center
which require absence; illness ; vacation; holidays . Employees hired
by the Tennis Pros must be at least 16 years of age and a junior in"*..
high school, interested in tennis, knowledgeable of cashier procedures,
and have skill in dealing with the public . The Tennis Pros and
their employees shall be responsible for selling merchandise, collect-
ing 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 perform 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 10: 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, and
12: 00 noon to 9 : 00 p .m. , Sunday, October through March, weather per-
mitting . The centers will be closed on Thanksgiving, Christmas, and
New Year ' s Day.
7 . The Tennis Pros shall be permitted to give lessons at either
center, and only four (4) courts total at a time will be utilized for
this purpose, unless prior approval is granted by the Recreation
Superintendent . _ With the approval of the Recreation Superintendent,
the Tennis Pro may hire instructors to assist in giving lessons at
his center . The City shall receive 10% 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 paytheCity $2 . 00 plus a court fee 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 Rec-
reation Superintendent .
9. All tournaments must be approved annually 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 $2 . 00 court fee for each tourna-
ment . The only exemptions from the tournament fees shall be Wichita
Falls Independent School District tournaments coordinated between
the Athletic Director of the WFISD and the Director of Parks and
Recreation. All other tournaments shall pay the above mentioned
court fee rate including tournaments sponsored by the Tennis Pros.
Each prods to have one tournament per quarter, coordinated through
the Recreation Superintendent .
11 . Tennis Pros shall not grant permission for any sales by outside
groups at either center without securing permission from the Recrea-
tion 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 and annual permits
plus 5% from the sale of merchandise, racquet stringing, and conces-
sions; and 10% from all lessons .
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15 . Daily Court fees shall be as follows :
1 .50 per person 11/2 hours Daytime
2 . 00 per person 11 hours Evenings*
1 . 00 per person 12 hours Weekends
Beginning 8 : 00 p.m. April through September; 6 :30 p .m. October
through March)
Annual Permits (good for one year from date of purchase)
120.00 Family (Husband, Wife, and Children under
19. years of age)
75. 00 Adults
45 . 00 Juniors (18 and under)
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 ,
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