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Res 2240 11/7/1978RESOLUTION NO. as RESOLUTION APPROVING CONTRACTS WITH TENNIS PROFESSIONALS JON BROTHERTON AT WEEKS PARK TENNIS CENTER AND JOHNNY SIMMONS AT HAMILTON PARK TENNIS CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: Those two contracts, copies of which are attached hereto, between the City of Wichita Falls and Jon Brotherton and Johnny Simmons, whereby the City contracts with Brotherton and Simmons as tennis professionals at Weeks Park and Hamilton Park Tennis Centers, are hereby approved, and the City Manager is authorized to execute such contracts for the City of Wichita Falls. Passed and approved this the 7th day of November, 1978. M A Y O R ATTEST: City Clerk STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA This agreement made and entered into this the 1st day of November 1978, 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: r. City does hereby employ Johnny Simmons as a tennis professional at the Hamilton Park Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Hamilton Park Tennis Center, for a period of one year, commencing November 1 1978, 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 eli- gible 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 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 current Tennis Policies of the Parks and Recreation Department of City, and the directions of the Recreation Superintendent o£ 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 if 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 Park 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 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 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 ex- piration 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 with- out 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, or rules , regulations or directions 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 2- 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 from 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 in- surance 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. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, City Manager ATTEST: City Clerk Tennis Pro Approved as to form: Assistant City Attorney PARKS AND RECREATION DEPARTMENT Tennis Policies 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, maintaining, 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 limited to, the promotion and conduct of tennis tournaments , establishment and supervision of an instructional program, supervision of all play, promotion and 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 shall be contracted employees of the City of Wichita Falls and directly responsible to 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. The City shall employ two part-time Tennis Supervisors at each center to assist in the operation of the pro shops. These Supervisors shall be directly responsible to the Tennis Pro. Each Tennis Pro shall employ one additional person for his center at the same rate of pay and qualifications , and all employees will have to be approved by both the Tennis Pro and the Recreation Superintendent before they are hired. The Supervisors must be at least 18 years of age, interested in tennis , knowledgeable of cashier procedures , and have a good personality in dealing with the public. The Supervisors shall work on a rotating basis inorder to have one person on duty at all times that the centers are open. The Supervisor shall be responsible for selling merchandise , collecting fees , taking reservations , general maintenance of the pro shop, and supervision of the pro shop and spectator area. 5. The hours of operation shall be 8:00 A.M. to 11 :00 P.M. , April through October and 9 :00 A.M. to 9:00 P.M. , November through March , weather permitting. 6. 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. 7. Receipts shall be turned into the Parks and Recreation Office on Mondays and Fridays of each week without exception. 8. The daily court fees shall be $1 .25 per person for 1 1/2 hours on weekdays and $1 .50 per person for 1 1/2 hours on weekends and holidays. An evening fee of $1 .50 per person for 1 1/2 hours will be charged as follows : beginning at 8:00 P.M. March through October, and beginning at 6:30 P.M . November through February. Annual permit fees shall be $100.00 for a Family, $65.00 Adult, and 35.00 Juniors (18 and under) . 9. The City shall receive all daily court fees and annual permits , plus 5% from sale of merchandise, racquet stringing, and concessions ; and 5% from all lessons. 10. The Tennis Pros shall be permitted to give lessons at either center, and only two courts total at a time will be utilized for this purpose. With the permission of the Recreation Superintendent, an employee of either tennis center may give, or assist with , lessons on 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 will not exceed $5.00 total per court for group lessons. 11 . 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 4 courts at a time in order to leave courts open to regular play and shall be limited to six week sessions. 12. Tournament players shall pay a $1 .00 court fee for each tournament. The only exceptions to the tournament fees shall be the following: M.S.U. Fall Tournament, the W. F. Senior High Tournament, W. F. Junior High Tournament, and the Southwest Junior and Senior Tournaments. All other tournaments shall pay the above mentioned court fee rate including tournaments sponsored by the Tennis Pros. 13. 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 Office. 14. Tennis Pros shall not grant permission for any sales by outside groups at either center, without securing permission from the Recreation Superintendent. 15. The maintenance division of the Parks and Recreation Department shall be responsible for daily maintenance to the court and spectator area. The maintenance division shall perform maintenance tasks in the pro shop when requested by the Recreation Superintendent such as painting, repairs , or major cleaning tasks before tournaments . 16. The above stated tennis policies will be reviewed annually by the Parks and Recreation Department staff in order to maintain the best possible operating standards . STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA This agreement made and entered into this the 1st day of November 1978, by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", acting herein by and through its City Manager, and Jon Brotherton hereinafter called "Tennis Pro", WITNESSETH: For and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: r. City does hereby employ Jon Brotherton as a tennis professional at the Weeks Park Tennis Center. City does hereby lease to Tennis Pro the tennis pro shop located at the Weeks Park Tennis Center, for a period of one year, commencing November 1 1978, 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 eli- gible 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 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 if 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 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 Weeks 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 Weeks 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 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 ex- piration 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 with- out 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, 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 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 2- 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 from 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 in- surance 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 Weeks 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. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, City Manager ATTEST: City Clerk Tennis Pro Approved as to form: Assistant City Attorney PARKS AND RECREATION DEPARTMENT Tennis Policies 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, maintaining, 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 limited to, the promotion and conduct of tennis tournaments , establishment and supervision of an instructional program, supervision of all play, promotion and 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 shall be contracted employees of the City of Wichita Falls and directly responsible to 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. The City shall employ two part-time Tennis Supervisors at each center to assist in the operation of the pro shops. These Supervisors shall be directly responsible to the Tennis Pro, Each Tennis Pro shall employ one additional person for his center at the same rate of pay and qualifications , and all employees will have to be approved by both the Tennis Pro and the Recreation Superintendent before they are hired. The Supervisors must be at least 18 years of age, interested in tennis , knowledgeable of cashier procedures , and have a good personality in dealing with the public. The Supervisors shall work on a rotating basis inorder to have one person on duty at all times that the centers are open. The Supervisor shall be responsible for selling merchandise, collecting fees , taking reservations, general maintenance of the pro shop, and supervision of the pro shop and spectator area. 5. The hours of operation shall be 8:00 A.M. to 11 :00 P.M. , April through October and 9:00 A.M. to 9:00 P.M. , November through March, weather permitting. 6. 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. 7, Receipts shall be turned into the Parks and Recreation Office on Mondays and Fridays of each week without exception. 8. The daily court fees shall be $1 .25 per person for 1 1/2 hours on weekdays and $1 .50 per person for 1 1/2 hours on weekends and holidays. An evening fee of $1 .50 per person for 1 1/2 hours will be charged as follows : beginning at 8:00 P.M. March through October, and beginning at 6:30 P.M . November through February. Annual permit fees shall be $100.00 for a Family, $65.00 Adult, and 35.00 Juniors (18 and under) . 9. The City shall receive all daily court fees and annual permits, plus 5% from sale of merchandise, racquet stringing, and concessions; and 5% from all lessons. 10. The Tennis Pros shall be permitted to give lessons at either center, and only two courts total at a time will be utilized for this purpose. With the permission of the Recreation Superintendent, an employee of either tennis center may give, or assist with, lessons on 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 will not exceed $5.00 total per court for group lessons. 11 . 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 4 courts at a time in order to leave courts open to regular play and shall be limited to six week sessions. 12. Tournament players shall pay a $1 .00 court fee for each tournament. The only exceptions to the tournament fees shall be the following: M.S.U. Fall Tournament, the W. F. Senior High Tournament, W. F. Junior High Tournament, and the Southwest Junior and Senior Tournaments. All other tournaments shall pay the above mentioned court fee rate including tournaments sponsored by the Tennis Pros. 13. 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 Office. 14. Tennis Pros shall not grant permission for any sales by outside groups at either center, without securing permission from the Recreation Superintendent. 15. The maintenance division of the Parks and Recreation Department shall be responsible for daily maintenance to the court and spectator area. The maintenance division shall perform maintenance tasks in the pro shop when requested by the Recreation Superintendent such as painting, repairs , or major cleaning tasks before tournaments. 16. The above stated tennis policies will be reviewed annually by the Parks and Recreation Department staff in order to maintain the best possible operating standards.