Res 2415 10/16/1979I
RESOLUTION NO. oA//5
RESOLUTION APPROVING CONTRACT WITH JOHNNY SIMMONS
FOR SERVICES AS TENNIS PROFESSIONAL AT HAMILTON
TENNIS CENTER.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT :
That certain contract between the City and Johnny Simmons, a
copy of which is attached hereto, whereby City employs Simmons as
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 16th day of October, 1979.
MAYOR
Attest :
City Clerk
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA X i
This agreement made and entered into this the 1st day of
November 1979 , by and between the City of Wichita Falls ,
Texas , a municipal corporation, hereinafter called "City" , acting
herein by and through its City Manager , and Johnny Simmons
hereinafter called "Tennis Pro" ,
WITNESSETH :
For and in consideration of the mutual covenants hereinafter
contained , the parties hereto do hereby agree as follows :
I .
City does hereby employ Johnny 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 November 1 1979 , and thereafter on a month
to month basis .
II .
Tennis Pro shall be considered a contract employee of City and
his salary shall be $600. 00 per month. It is expressly agreed and
understood by Tennis Pro and City that 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 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 frees , annual permit fees , and tourna-
ment 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 and Fridays of each week
without exception.
V.
Tennis Pro shall have the right to give tennis lessons at
Hamilton Park 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 concessions sold through his pro shop located at Hamilton Park
Tennis Center. City shall receive 5% of the revenues from the
sale of merchandise, 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 opera-
tion 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 City may
at any time cancel this contract after giving 30 days notice in
writing of cancellation because of violations of laws , ordinances ,
2-
or rules , regulations or dirzctidns concerning the operation of the
Tennis Center at Hamilton Park or the agreements constituting
the lease of the tennis pro shop at the Hamilton Park 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 1
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 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
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 adult supervision at Hamilton Park
Tennis Center during all open hours .
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 Gerald G. Fox , City Manager
Approved as to form:
City Attorney Tennis Pro