Res 1879 11/27/1976RESOLUTION NO. //
A RESOLUTION APPROVING CONTRACTS WITH JOHNNY
SIMMONS, TENNIS PRO, AND JON BROTHERTON,
ASSISTANT TENNIS PRO AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAME FOR THE CITY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The contract with Johnny Simmons for employment as
tennis professional for the City, a copy of which contract
is attached hereto, and the contract with Jon Brotherton,
employing him as assistant tennis professional for the
City, a copy of which is also attached hereto, are
hereby expressly approved and the City Manager is hereby
authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the 23rd day of November,
1976.
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Y O R
ATTEST:
City Clerk
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA X
This agreement made and entered into this the
day of 1976, 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 the tennis
professional at the Hamilton Park Tennis Center and the
Weeks Park Tennis Center. The City does hereby lease
to him the tennis pro shop located at the Hamilton Park
a
Tennis Center, for a period of one year, commencing
November 1, 1976 , and thereafter on a month to month basis.
II .
The Tennis Pro shall be considered a contract employee
of the 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.
The Tennis Pro shall be in charge of and responsible
for the operation of both Hamilton Park Tennis Center
and the Weeks Park Tennis Center with his primary res-
ponsibility being in the operation of the Hamilton Park
Tennis Center. He shall perform all duties and respon-
sibilities 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,
r
and the directions of the Recreation Superintendent of the
Parks and Recreation Department of City.
IV.
The 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. He 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.
The Tennis Pro shall have the right to give tennis
lessons at either the Hamilton Park Tennis Center or the
Weeks Park Tennis Center and City shall receive 5% of
the lesson fee plus a court fee from the person taking
the lesson. No one other than the Assistant Tennis Pro
shall be permitted to give lessons at either Center.
Only two courts at a time shall be utilized for the pur-
pose of giving tennis lessons.
VI .
The 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 the Tennis Pro
through the pro shop at Hamilton Park Tennis Center.
VII.
The 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.
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VIII.
Tennis Pro shall take good care of the personal pro-
perty and real property hereby leased to him and he
will deliver the property back to the City at the expira-
tion or the termination of this lease in the same condi-
tion as same was received, natural wear and tear excepted.
IX.
The 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
60 days notice in writing of cancellation because of
violations of laws, ordinances, or rules, regulations
or directions concerning the operation of the Tennis
Centers at Hamilton Park and at Weeks Park, or the agree-
ments 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 of such cancellation and resumption of possession.
In the event said contract is so cancelled during the one
year primary term hereof, City shall guarantee the sale
of, or at its option may purchase from the 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.
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XI.
Tennis Pro shall hold City harmless from any damages
or injury to persons or property caused by or arising
out of the 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 owner-
ship 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 the 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:
ATTEST : Gerald G. Fox, City Manager
City Clerk
Approved as to form: Johnny Simmons, Tennis Pro
City Attorney
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