Loading...
Res 071-2017 5/16/2017 Resolution No. 71-2017 Resolution amending the contract agreement with Johnny Simmons as tennis professional at Hamilton Park Tennis Center and terminating the contract agreement with Bobby Hagerman as tennis pro at Weeks Park Tennis Center WHEREAS, the City currently operates its tennis programs through management agreements with two Tennis Professionals, one at Weeks Park Tennis Center and one at Hamilton Park Tennis Center; and, WHEREAS, tennis play has declined over the last ten years such that two separate programs were difficult to sustain; and, WHEREAS, the City received notice of resignation from Bobby Hagerman as the Tennis Professional at Weeks Park Tennis Center to assume other employment; and, WHEREAS, the City has received a proposal from Johnny Simmons, Tennis Professional at Hamilton Center to consolidate all of the City’s tennis programs at Hamilton Park Tennis Center, using Weeks Park for overflow play and tournaments only; and, WHEREAS, the City has reviewed this proposal and find th at it is acceptable and provides for more efficient management of the City’s tennis programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City hereby terminates the agreement with Bobby Hage rman at Weeks Park effective June 5, 2017 and the City Manager is hereby authorized to execute a contract amendment with Johnny Simmons, Tennis Professional of Hamilton Park to manage the City’s tennis programs. PASSED AND APPROVED this the 16th day of May, 2017. ______________________________ M A Y O R ATTEST: ____________________ City Clerk STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA § THIS AGREEMENT, made and entered into this the _____ day of ___________, _____ by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter referred to as “City,” and John C. Simmons, hereinafter referred to as “Tennis Pro,” W I T N E S S E T H: For and in consideration of the mutual covenants hereinafter contained, the parties do hereby agree as follows: Term. The City does hereby contract with John C. Simmons as a tennis professional to manage the City’s Tennis Program 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 commencing the 1st day of June , 2017, and thereafter on a month-to-month basis Compensation. In consideration of the services performed hereunder, City agrees to pay Tennis Professional an annual stipend of Forty-Eight Thousand ($48,000.00) Dollars. Said amount shall be payable in monthly installments of $4,000.00 beginning June 2017. This stipend will be reviewed annually to determine the actual expense for overflow use of the Weeks Park Tennis Center. Duties of Tennis Pro. Tennis Pro shall be responsible for the prompt and efficient operation of the Hamilton Park Tennis Center as well as the operation of the Weeks Park Tennis Center for overflow from tournaments, leagues and lessons. Such responsibility shall include, but not be limited to the following responsibilities:  operate and maintain the facilities in accordance with the Parks and Recreation Tennis Policies dated May 16, 2017, a copy of which is attached and incorporated herein for all purposes  provide proper supervision during all hours of operation  implement and collect fees and charges for professional tennis services and activities  collect daily court fees, annual permit fees, tournament fees, and league fees for play at the Center  keep an accurate account of all daily court fees, annual permit fees, tournament fees, league fees and other fees collected, and deposit appropriate amount with Parks and Recreation on a weekly, pre-set schedule  keep informed of the latest developments of the tennis field  oversee all aspects of the Tennis Center, including pro shop/concession, tennis lessons and leagues, merchandise sales, racket stringing and similar services  identify and report resource needs  direct, control and account for expenditure of funds under the approved budget  maintain accurate records on the Center’s operations and allow the City to review at any time  abide by and enforce Center rules  take care of personal property and City property, and deliver back to City at the expiration of the contract that which belongs to the City in the same condition received, allowing for normal wear  conduct himself or herself at all times and in all matters in accordance with the standards accepted from tennis professionals as established by the United States Professional Tennis Association  maintain an exemplary credit rating with suppliers and manufacturers and others so as not to discredit the reputation or name of the City Alterations. Tennis Pro shall make no alterations to the leased premises without the written consent of the Director of Parks and Recreation of the City. Termination. It is understood and agreed that the City Manager of the City may at any time cancel this co ntract, for cause, after giving thirty (30) days’ notice in writing of cancellation to Tennis Pro. It is agreed and understood that the Tennis Pro may at any time cancel this contract, after giving sixty (60) days’ notice in writing of cancellation to the City. Insurance. Tennis Pro shall provide the City with a certificate of insurance attesting to the ownership of a general liability insurance policy in the amount of $1 Million, with the City named as an additional named insured, protecting Tennis Pro and City from legal liability claims which might arise out of Tennis Pro’s operation of a tennis facility. Indemnification. Tennis Pro shall hold the 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 or Weeks Park Tennis Center. Independent Contractor. In performance of the requirements of this agreement, Tennis Pro shall be considered an independent contractor and shall not be considered an employee of t he City for any purpose. Construction. This agreement shall be controlled and interpreted by the laws of the State of Texas. Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the invalidity or enforceability of any other provision. Waiver. Failure to insist upon strict compliance with any term, covenant or condition of this agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Waiver or Modification. Any waiver, alteration or modification of any of the provisions of this agreement or cancellation or replacement of this agreement shall not be valid unless in writing and signed by both parties. Governmental Function Clause. All parties agree that this contract is one wherein the City of Wichita Falls is solely performing a governmental function. All parties expressly agree that the City is not engaging in any propriety functions. Contractual Damages Limitation Clause. All parties agree that damages in this contract are limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, the City is not liable for consequential damages or exemplary damages. Entire Agreement. This agreement contains the entire agreement between the parties. Tennis Professional ____________________________________ John C. Simmons City of Wichita Falls, Texas By: _______________________________________ Darron Leiker, City Manager Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed before me on this _____ day of ____________, ______, by ______________________. _________________________________________ Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed before me on this _____ day of ____________, ______, by Darron Leiker, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said City. _________________________________________ Notary Public, State of Texas Parks and Recreation Tennis Policies May 16, 2017 PURPOSE: To establish standard operating procedures and policies for Hamilton Park and Weeks Park Tennis Centers. RESPONSIBILITY: It shall be the responsibility of the Tennis Professionals to ensure that the contents of this directive are followed by employees as well as participants. SCOPE: 1. The Tennis Professional shall be responsible for recommending, maintaining, supervising and providing a wholesome and well -rounded tennis program whereby the citizens of Wichita Falls can be afforded an eq ual opportunity to participate in recreational and competitive tennis. The program shall include, but not be limited to, the promotion and conduct of tennis tournaments, leagues, establishment and supervision of an instructional program, supervision of all play, promote and conduct clinics, publicity of the tennis program and tennis center, and correlation of tennis activities with local schools and other tennis -oriented organizations. 2. The Tennis Professional shall be a contractor for the City of Wichit a Falls. Performance of work will be reviewed by the Recreation Services Administrator. 3. The Tennis Professional shall conform to all policies and procedures of the Parks and Recreation Department and the City of Wichita Falls 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 Tennis Professional shall employ additional personnel, who shall assist in the operation of the tennis program, and all employees will be approved by both the Tennis Professional and the Recreation Services Administrator before they are hired. The Tennis Professional or their approved employee must be on duty at all times the facility is in operation. The Tennis Professional must work a minimum of 40 hours per week at either center. Exceptions are: attending programs representing the City tennis program; illness; vacation; holidays. Employees hired by the Tennis Professional must be at least 16 years of age and a junior in high school, interested in tennis, knowledgeable of cashier procedures, and skilled in dealing with the public. The Tennis Professional and their employees shall be responsible for selling merchandise, collecting fees, taking reservations, general cleaning, maintenance, and supervision of the facility. 5. The Tennis Professional shall be responsible for routine daily maintenance of the courts, pro shop, and spectator areas. The Park Maintenance Division shall perform maintenance tasks at the tennis courts when requested by the Recreation Services Administrator, such as painting, repairs, or major cleaning tasks before tournaments. 6. Weather permitting, the hours of operation of each center from September through May shall be: 9:00 a.m. - 9:00 p.m. Monday through Friday; 9:00 a.m. - 7:00 p.m., Saturday; 1:00 p.m. - 7:00 p.m. Sunday. Hours of operation from June through August shall be: 8:00 a.m. - 9:00 p.m. Monday through Friday; 8:00 a.m. - 8:00 p.m. Saturday 1:00 p.m. - 8:00 p.m. Sunday. Note: Operating hours will be adjusted to accommodate tournaments. The centers will be closed on Independence Day, Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, and Easter. 7. The Tennis Professional shall be permitted to give lessons, and only four (4) courts total at a time will be utilized for this purpose, unless prior approval is granted by the Recreation Services Administrator. Tennis Professionals may hire instructors to assist in giving lessons at the center. The City shall receive 10% of all lesson fees plus a court fee from the person taking the lesson. 8. The Tennis Professional shall be responsible for scheduling all leagues. Each person entering a league shall pay the City $2.00. In addition, they must pay 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 unless prior approval is granted by the Recreation Services Administrator. 9. Al l tournaments must be approved annually and requested at least one month prior to the tournament from the Recreation Services Administrator. All tournaments must be contracted in the Parks and Recreation Office even though exempted from charge. 10. Tournament players shall pay a $5.00 court fee for each tournament. The only exemptions from the tournament fees shall be the Wichita Falls Independent School District tournaments coordinated between the Athletic Director of the Wichita Falls Independent School District or his representative and the Recreation Services Administrator. All other tournaments shall pay the above -mentioned court fee rate, including tournaments sponsored by the Tennis Professionals. The professional is to have one tournament per quarte r, coordinated through the Recreation Services Administrator. 11. The Tennis Professional shall have sole permission to conduct sales within the fenced area of the centers and not grant permission for any sales by outside groups at either center without securing permission from the Wichita Falls City Council. 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, league fees, sale of merchandis e, 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, league fees and annual per mit fees, plus 5% from the sale of merchandise, racquet stringing and concessions; and 10% from all lessons. 15. Daily Court fees shall be as follows: $3.00 per person 1½ hours League Fee $2.00 Annual Permits (good for one year from date of purcha se) $100.00 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.