Res 178-84 10/2/1984RESOLUTION NO. /ILO
RESOLUTION APPROVING CONTRACTS WITH TENNIS PROFESSIONALS
AT HAMILTON AND WEEKS PARK TENNIS CENTERS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
A new contract with John C. Simmons as Tennis Professional at the
Hamilton Park Tennis Center at a monthly salary of $2,050.00, and a
new contract with Jayne Lynds as Tennis Professional at Weeks Park
Tennis Center at a monthly salary of $2,000.00, which contracts shall
be on the form attached hereto, are herby approved, and the City
Manager is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 2nd day of October, 1984.
0°
1F°' AYOR
ATTEST:
City Clerk
Page of Pages
AgendTTEem No.
STATE OF TEXAS X
COUNTY OF WICHITA X KNOW ALL MEN BY THESE PRESENTS:
This agreement made and entered into this the day of
by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City", acting
herein by and through its City Manager, and
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 as a tennis
professional at the Tennis Center. City does hereby
lease to Tennis Pro the tennis pro shop located at the
Tennis Center, for a period of one year, commencing
and thereafter on a month-to-month basis.
II.
Tennis Pro shall be considered a contract employee of City and his
salary shall be 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 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
Tennis Center. All daily court fees, annual permit fees, and tournament
Page 2 of 9 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 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
Tennis Center and City shall receive 5% of the lesson
fee plus a court fee from the person taking the lesson.
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 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 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 30 days notice in writing
of cancellation because of violations of laws, ordinances, or rules,
regulations or directions concerning the operation of the Tennis Center
2-
Page 3 of 9 Pages
Agenda Item No.
at or the agreements constituting the
lease of the tennis pro shop at the Tennis Center; in
the event of such cancellation, City shall have the right, without
further notice or demand, to re-enter and take possession of all the
property herein leased and remove all persons therefrom without being
liable for any claim for damages by reason of such cancellation and
resumption of possession. In the event said contract is so cancelled
during the term hereof, City shall guarantee the sale of, or at its
option may purchase from Tennis Pro, any usable equipment and merchan-
dise that he might have and use in his operation under this contract
except for tennis equipment) which he shows has been fully paid for
by him at the cost price of same, less depreciation.
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 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 the amount of not less
than one hundred thousand ($100,000.00) dollars per person and three
hundred thousand ($300,000.00) dollars per occurrence and property
damage liability insurance in the amount of not less than fifty thousand
50,000.00) dollars per occurrence. Fire and theft coverage for
property belonging to Tennis Pro shall be the sole responsibility of
Tennis Pro.
XII.
Tennis Pro shall provide proper supervision at
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
3- Page 4 of 9 Pages
Agenda Item No.
IX.
This contract takes the place of that certain contract between
the parties dated 1984, which earlier contract
is hereby terminated.
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:
City Attorney
ti
Page 5 of 9 Pages
4- Agenda Item No.
MtifIllre
PARKS AND RECREATION DEPARTMENT
Tennis Policies
October 1, 1984
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 insure 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, and supervising 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 correlation of tennis •
activities with local schools and other tennis-oriented organizations.
2. The Tennis Pros h llsa be contracted employees of the City of
Wichita Falls and directly responsible to the Recreation Superinten-
dent. Both Hamilton and Weeks Park Tennis Centers will have a Tennis
Pro who is solely responsible for the operation of that center.
3. heT Tennis Pro shall conform to all Policiesandprocedures ofP
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 ofyenforce 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. 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 a good
personality for dealing with the public. The Tennis Pros and their
employees shall be responsible for selling merchandise, collectingfees , 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.
Page 6 of 9 Pages
Agenda Item No.
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 Thanks-
giving, 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. With the approval of the Recreation Superintendent,
the Tennis Pro may hire instructors to assist in giving lessons at
his center in conjunction with the lesson program set up by the Pro
at that center. The City shall receive 5% of all lesson fees plus
a court fee from the person taking the lesson. Court fees shall
not exceed $7. 00 total per court for group lessons.
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 $1. 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.
9. All tournaments must be approved annually and formally requested
at least three months prior to the tournament by letter to the
Director of Parks and Recreation. 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 following:
MSU Fall Tournament, Southwest Junior Tournament, and all 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.
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, tournament 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 5% from all lessons .
Page 7 of q Pages
Agenda Item No.
2_
15. Daily court fees shall be as follows:
1.75 per person 11 hours Weekdays
2. 00 per person 12 hours Weekends/Holidays
2. 00 per person 11 hours Evenings*
Beginning 8: 00 p.m. April through September; 6 : 30 p.m.
October through March)
1. 00 per person 1 hour Non-profit rate**
Weekdays - Opening until 4 : 00 p.m. )
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)
45.00 College (with current Student I .D. )
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 .
Page 8 of 9 Pages
Agenda Item No.
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