Res 116-83 6/21/1983RESOLUTION NO. // ._f
RESOLUTION TERMINATING CONTRACT WITH JON BROTHERTON,
TENNIS PROFESSIONAL AT WEEKS PARK TENNIS CENTER, AND
APPROVING AND AUTHORIZING THE ACTING CITY MANAGER TO
SIGN AN ANNUAL CONTRACT FOR THE NEW TENNIS PROFES-
SIONAL.
WHEREAS, Jon Brotherton, Tennis Professional at Weeks Park
Tennis Center, has asked that he be released from his contractual
obligations so that he might accept employment elsewhere, and this
is agreeable with the City Council .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
Jon Brotherton is hereby released from his contractual
obligations under his contract with the City dated November 1, 1982;
further, that certain contract, a copy of which is attached hereto,
between the City and Jayne Lynds , for employment as Tennis Professional
at Weeks Park Tennis Center, for a period of one year, commencing
June 21, 1983, is hereby approved, and the Acting City Manager is
authorized to execute such contract for the City of Wichita Falls .
PASSED AND APPROVED this the 21st day of June, 1983 .
LA A Y O R
ATTEST:
City Clerk
STALE OF TEXAS X
KNOW ALL MEN BY THESE ?RESENTS :
COUNTY OF WICHITA
This agreement made and entered into this the 21st day of
June , 1983 , by and between the City of Wichita Falls , Texas ,
a municipal corporation, hereinafter called "City" , acting herein by and
through its City Manager , and Jayne Lynds hereinafter
called "Tennis Pro".
WITNESSETH:
For and in consideration of the mutual covenants hereinafter con-
tained , the parties hereto do hereby agree as follows :
I.
City does hereby employ Jayne Lynds as a tennis
professional at the Weeks Tennis Center. City does hereby
lease to Tennis Pro the tennis pro shop located at the Weeks
Tennis Center , for a period of one year , commencing June 21
1983 , and thereafter on a month-to-month basis .
II.
Tennis Pro shall be considered a contract employee of City and his
salary shall be $725. 00 per month. It is expressly agreed and under-
stood by Tennis Pro and City the Tennis Pro is an independent contractor
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 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 Super-
intendent 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 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 Building
on Mondays of each week without exception .
V.
Tennis Pro shall have the right to give tennis lessons at
Weeks 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 Weeks Tennis
Center. City shall receive 5% of the revenues from the sale of merchan-
dise, racquet stringing and concessions sold by Tennis Pro through the
pro shop at Weeks 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
at Weeks Park or the agreements constituting the lease
of the tennis pro shop at the Weeks 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
2-
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 merchandise 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 Weeks 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 Weeks 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 WITNESS WHEREOF, the parties hereto have caused this agreement
to be signed as of the day and year first written above.
ATTEST : CITY OF WICHITA FALLS , TEXAS
BY:
City Clerk Dane J. Bennett, Acting City
Manager
Approved as to form:
City Attorney Tennis Pro