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HomeMy WebLinkAboutResolution - 070876M - Contract - Mel R. Carter - Tennis Center - 07_08_1976KJ,nh 67687& 1 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the CITY MANAGER of the CITY OF LUBBOCK, BE and is here- by authorized and directed to execute for and on behalf of the CITY OF LUBBOCK, a CONTRACT between the CITY OF LUBBOCK and MEL R. CARTER covering the services as a tennis PROFESSIONAL at the tennis center, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 8th day of July , 1976. , Lit , ;0 . TTE ST: Treva Phillips, City/Secretary-Treasurer AS TO 'FORM: , air., TENNIS PROFESSIONAL AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK This agreement entered into this day between the CITY OF LUBBOCK, hereinafter called "CITY" and MEL R. CARTER, hereinafter called "PRO- FESSIONAL", to provide for services to be performed and compensation to be paid for the management and tennis professional duties rendered at the tennis center owned and operated by the City of Lubbock and located in Leftwich Park. WITNE SSE TH: WHEREAS, the PROFESSIONAL has been employed by the CITYin the capacity of tennis center manager and tennis professional for the City of Lubbock Tennis Center at the salary of $600.00 a month. The salary to be paid to the PROFESSIONAL shall be paid in the same manner as c 1her city employees and the PROFESSIONAL shall be entitled to the same benefits as other city employees and shall be bound by the same regulations; further, it shall not be interpreted or implied that the PROFESSIONAL has received rights under this contract that are contrary to the City Charter, City Code or City Regulations, in particular, this employment shall not be for a stated period of time. The PROFESSIONAL shall have responsibility and authority over the ten- nis center as the manager and shall perform all duties assigned or necessary to its proper operation; and, WHEREAS, the City and the PROFESSIONAL desire to enter into this agreement setting out responsibilities and division of income received from use of the tennis center and its facilities and the services performed by the PRO- FESSIONAL as an independent contractor: 1. This agreement is separate and apart from the employment of the PRO- FESSIONAL by the CITY, but the compensation received hereby is considered in the payment for the services herein. 2. This agreement shall continue for a period of three (3) years from the date of its execution unless terminated by agreement of the parties hereto, failure of performance by either party or the termination of employment of the PROFESSIONAL before the full term of this agreement. 3. The PROFESSIONAL shall keep such books of account and records shall be open, at all reasonable times, to inspection by representatives of the City Manager or the Finance Director of -the CITY. In addition, the CITY may make an annual audit of such accounts and funds by its internal auditor and/or its independent auditor and the PROFESSIONAL shall furnish an annual certifi- cation, by the PROFESSIONAL'S auditor, of the income of the tennis center. . The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of operating a pro shop, giving tennis instructions, repair and storage of tennis equipment, rental of tennis equipment and any other, tennis re- lated concession or service that the PROFESSIONAL may install at his cost or he may provide which is not in competition with the concessions and services from which the CITY receives income as provided in this.. contract. 5. The CITY retains and shall receive the income from court fees and, locker rentals. The gross income from pro shop sales, lessons, food and drink concessions from date of this agreement until April 1, 1977 shall be divided as follows: 97z% to the PROFESSIONAL and 2127o to the CITY. The gross in- come from pro shop sales, lessons, food and drink concessions after April 1, 1977 until the termination of this agreement shall be as follows: 95016 to the PRO- FESSIONAL and 5% to the CITY. The division and payment of such income shall be made monthly. 6. The PROFESSIONAL shall have the use of three (3) courts at the tennis center seven (7) days a week, at no charge for such use by the CITY, for the pur- pose of giving tennis lessons. When lessons are not being given,such courts shall be used in the same manner as the other courts. 7. The PROFESSIONAL shall operate in a safe condition at his own expense any area used for his sales or concession operations and shall hold the CITY harmless.from any liability that. might arise from the operation of such conces- sions or instructions or sales whether contractual or arising from any accident -2- occurring in the performance of his concession, sales or instructions, the use by any patron or visitor to the PROFESSIONAL'S concession or any employee he may employ or service or trades person doing business with such conces- sion. The PROFESSIONAL shall maintain insurance in a sum not less than $100, 000.00 per person and $300, 000.00 per accident naming the CITY as an insured party. The CITY shall not hold the PROFESSIONAL liable in his capacity as a concession operator for any liability incurred by accidents away from the concession or instruction area unless such accident occurred in the course of concession -'or instruction activity. 8. This agreement shall be reviewed by the CITY annually for the purpose of insuring a continuation of the operation of the tennis center and tennis in- struction and concession. 9. The PROFESSIONAL shall be responsible for the clearance of debris and the routine cleaning of all tennis courts whether used for instruction or by the general public. 10. The CITY shall provide one recreational aide, designated in the CITY Pay Plan as 15-338. In the event additional maintenance personnel is required, the PROFESSIONAL shall provide such at his own expense. 11. Upon termination of this agreement the PROFESSIONAL may remove all concession wares, goods and equipment which he owns or has a consignment along with all equipment, display cases and fixtures which are not permanently attached to the premises. The premises shall be restored in good order accept- able to the CITY, normal wear and depreciation excepted, upon removal of such goods and equipment. 12. This contract may not be assigned in any way without the prior written consent of the CITY. 13. Written notices to be given under the terms of this contract shall be by Certified Mail, Return Receipt Requested, to each party at the following addresses: City of Lubbock Att: City Manager P. O. Box 2000 Lubbock, Texas 79457 -3- Mel R. Carter Lubbock, Texas Notice of termination by reason of failure of performance or termination of employment of the PROFESSIONAL shall be given to the other party with the date of termination to be thirty (30) days from date of notice. EXECUTED this 8th DAY OF July 1976. CITY OF LUBBOCK /B. McC-uTLL0'UG44, CITY MANAGER ATTEST:'. Treva Phillips, City cre tary -Treasurer APPROVED AS TO FORM: �- Fred O. Senter, Jr., Ci -ttorney MEL R. CARTER r