Res 200-87 11/17/1987RESOLUTION NO. A06 -V-1
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO SIGN ANNUAL CONTRACT WITH
TENNIS PROFESSIONAL AT 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 tennis
professional serves at Hamilton Park 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 17th day of November, 1987.
M A Y O R
ATTEST:
r lG 77`A t llz 2
City lerk
RECEIVED IN o?,f7
CITY CLERK'S OFFICE
Date l/- / 9 1 7
Time
STATE OF TEXAS
COUNTY OF : =E:IITA X
KNOW ALL MEN BY THESE PRESEJTS:
This agreement made and entered into this the day of
October , 1987 , by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City", acting
herein by and through its City Manager, and 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.
1987, and thereafter on a month-to-month basis.
II.
Tennis Pro shall be considered a contract employee of City and his
salary shall be S2,050.00 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
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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 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 receive10% of the lesson
fee plus a court fee from the person_ taking the lesson. 1
VI.
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 Hamiton 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 60 days notice in writing
of cancellation to Tennis Pro.
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Tennis Pro shall hold City harmless for any damages or injury to
persons or property caused by or arising out of Tennis Pro's operatic.
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 bolent/iIVI 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 contractcr •
XIV
This contract is valid after October 1, 1987 subject to
approval of its funding in the 1987-88 fiscal year budget by the City
Council. If its funding is not so approved, this contract shall ter-
minate on .October 1, 1987
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: 3-
City Attorney
PARKS AND RECREATION DEPARTMENT
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 .
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 shall include , but
not be limited to , the promotion and 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 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 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 Pros must work a minimum of 40
hours per week at their contracted center . Exceptions are:
programs representing their center which require absence;
illness; vacation ; holidays . Employees hired by the Tennis Pros
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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 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 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 permitting . 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 pay the City $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 Recreation 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
tournament . The only exemptions from the tournament fees shall be
the Supersectionals and 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 pro is
to have one tournament per quarter , coordinated through the
Recreation Superintendent .
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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 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 concessions; and 10% from all lessons .
15 . Daily Court fees shall be as follows :
1 . 50 per person 1 1/2 hours Daytime
2.00 per person 1 1/2 flours Evenings*
1 . 00 per person 1 1/2 nours Weekends
Beginning 3 : 00 p.m. April through September ; 6: 30 p.m.
October through March)
Annual Permits (good for one year frora 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 anc Recreation Department staff in order to maintain
the best possible operating standards.
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