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Res 215-87 12/1/1987 RESOLUTION NO. �( d RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN ANNUAL CONTRACT WITH TENNIS PROFESSIONAL AT WEEKS PARK TENNIS CENTER. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and �. C whereby the latter shall act as tennis professional at Weeks Park Tennis Center until September 30, 1988, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the lst day of December, 1987. M A Y O R ATTEST: City Clerk C� STATE OF TEXAS COUNTY OF ;dIC iITA X KNOW ALL MEN BY THESE PRESEi1T5 : This agreement made and entered into this the .—Ist day of December 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 Jody Ann White-Lyons 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 Jodv Ann White--Lyons as a tennis professional at the Weeks Park Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop Iodated at the Weeks Park Tennis Center, for a period commencing December 1 , 1987 and ending September 30 , 1988 , 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 , 000 . 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 Weeks 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 cl4.rrent Tennis Policies of the Parks and Recreation Department- ofCity, 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 Weeks Park Tennis Center. All daily court fees , annual permit fees, and tournament r rrrrl11(-D IN _ CLERK'S OFFICE j1 7 Date By, �Tfine 9 3Z G 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 Weeks Park Tennis Center and City shall receive 10% of the lesson fee plus a count fee from the. person taking the lesson. VI . Tennis Pro shall also account to City for the revenues which he i 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. 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 4 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 . In the event that the Holliday Creek bridge serving the Weeks Park Tennis Center should become unusable, the City Manager may cancel this contract immediately. -2- XT. • 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 Weeks 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 ICSL) . Fire and theft coverage for property bQ-.eaginq to Tennis Pro shall be sole responsibility of Tennis Pro. XIT. Tennis Pro shall provide pro^er supervision at Weeks 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 IN HITNESS WHEREOF, the parties hereto have caused this agreement to be signed as of the day and year first written ah_oze. CITY WI ITA FALLS TEXAS B Y: am s Berzi" a , City I nager 'T nis ro ATTEST : City Clerk Approved as to form: -3- ity At- rney PARKS AND RECREATION DEPARTMENT Tennis Policies September 25 , 1987 PURPOSE : To establish standard operating procedures and policies for Hamilton and [Meeks 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 seeks 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 ent:orce 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 born the Pro and the Recreation Superintendent before they are hired . Either the Tennis Pro or their approved employee must be on duty, at atl times the facility is in operation . 'Dennis 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 -- 1 - 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 1q: 00 p.m. , Monday through Saturday, and 12 :00 noon to 10 : 00 p.m. , Sunday, April through Septemoer ; 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 ny 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 S2 . 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 ry the Tennis Pros . each pro is 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 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 hours Evenings* $1. 00 per person 1 1/2 nours N7eekends * (Beginning 3 : 3n p.m. April through September ; 6 : 39 p.m. October through March) Annual Permits (7ood 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 anc Recreation Department staff in order to maintain the best possible operating standards.