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HomeMy WebLinkAboutRES 90-015 90- R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with Ronald Pfleider for operation of the Henry Homberg Golf Course for a period of five (5 ) years, substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2 ' day of 1990 . Mayor - PRO 7E71 An THE STATE OF TEXAS COUNTY OF JEFFERSON HENRY HOMBERG MUNICIPAL GOLF COURSE OPERATION AND MAINTENANCE CONTRACT This agreement is made and entered into this day by and between the City of Beaumont, a Municipal Corporation of the State of Texas (herein called CITY), and Ronald Pfleider, a professional golfer domiciled in Jefferson County, Texas (herein called PFLEIDER), for the operation of the Henry Homberg Municipal GOLF COURSE, located at Tyrrell Park in Beaumont, Texas and owned by City (herein called THE GOLF COURSE) . For and in consideration of the terms and conditions herein contained, the CITY, acting herein by and through its duly authorized officers, and PFLEIDER, herewith covenant and agree as follows: _# 1. This agreement shall be for a term of five (5) years commencing on the 1st day of January, 1990. 2. For the term of the contract, PFLEIDER shall be the qualified, authorized and herewith designated official in possession and control of all real and personal property known as the GOLF COURSE and as shown on Exhibit A and all personal property belonging to CITY upon said GOLF COURSE. The GOLF COURSE is to be continued to be owned by the CITY during the term of this contract. 3. PFLEIDER shall, at his own cost and expense, operate, manage and maintain said GOLF COURSE, driving range, surrounding grounds, clubhouse facilities and equipment storage areas in fit and proper order suitable for the playing of golf thereon, and in accordance with the minimum standards as set forth in Exhibit Exhibit 11All B attached hereto and made a part hereof. PFLEIDER shall, at his expense, furnish all personnel and labor necessary for the normal maintenance and operation of said GOLF COURSE and clubhouse. PFLEIDER shall, at his expense, acquire and furnish all equipment, including tractors, trailers, mowers, and similar equipment and tools, necessary to operate and maintain the GOLF COURSE in fit and proper order and condition as above provided for. PFLEIDER shall, at his own cost and expense, furnish and maintain in good operating condition an adequate number of golf carts to meet ordinary and reasonable requirements. PFLEIDER shall acquire and furnish inventory and merchandise necessary to fulfill the needs for said clubhouse and pro-shop in connection with playing golf. 4. PFLEIDER shall be an independent contractor, not an employee of the CITY, and all persons employed by PFLEIDER shall be his employees and shall not be -- . employees of the CITY. 5. PFLEIDER is herewith designated and authorized to establish and fix the fees to be charged and collected from individuals for the use of such GOLF COURSE (greens fees, membership fees) and clubhouse facilities (merchandise, beverage and food prices); provided however that such greens fees, membership fees, and related GOLF COURSE fees, and all amendments thereto, must be approved in writing by the City Manager of the City prior to the effective date thereof. PFLEIDER is herewith designated and authorized to establish rules and regulations authorizing individuals to play golf on said course, with such rules and regulations to pertain to the hours of availability, organizing and authorizing player's starting times, and actual conduct and playing procedure on such GOLF COURSE. PFLEIDER shall provide adequate personnel, including a starter when 2 required, to assure enforcement of the rules and regulations established for play upon the GOLF COURSE. A copy of said rules, regulations and fee schedules shall be posted at a prominent location in the clubhouse. 6. PFLEIDER shall have and is hereby granted authority to furnish and sell professional lessons in the playing of golf from and on said GOLF COURSE premises; to purchase, own and sell merchandise and equipment in said clubhouse for use in playing golf; to own, maintain, and rent golf carts for use in playing golf on said GOLF COURSE (provided, however, individuals may use their own golf carts with the approval of PFLEIDER) ; to sell beverages, food, tobacco, and such other items and services as are reasonably commensurate with the maintenance and operation of a municipal GOLF COURSE and clubhouse. a 7. PFLEIDER shall maintain his professional golf association certification as a Class A Professional throughout the time of this agreement and any extension thereof. 8. PFLEIDER agrees to comply with all rules and regulations concerning the sale of alcoholic beverages in City parks. PFLEIDER agrees to conform to all rules of the Parks and Recreation Department of the City, all ordinances, state laws and all house rules established for the facilities. PFLEIDER further agrees to comply with Texas Department of Agriculture rules and regulations regarding the use and application of pesticides. 9. During the term of this contract, PFLEIDER shall pay to the CITY twelve percent (12%) of all gross receipts collected by PFLEIDER in the operation of 3 said GOLF COURSE and clubhouse facilities, including green fees, annual membership fees, cart path fees, equipment and merchandise rental, and all receipts from sale of merchandise, equipment, clothing, food, beverages, tobacco and any and all other sales and services. For the duration of the contract the term gross receipts will be defined to exclude revenue related to sales tax and wholesale trading. Such payments shall be made by PFLEIDER on or before the fifteenth day of each month and shall be accompanied by a summary statement of monthly receipts collected by PFLEIDER. PFLEIDER shall keep and maintain a complete and detailed accurate set of books and records of daily entry accounting for receipts related to the operation of the GOLF COURSE; and such books and records shall be available for examination by CITY at any and all reasonable times. The balance of said gross receipts shall be retained by PFLEIDER for his use in defraying his expenses and costs incurred in the maintenance and operation i of said GOLF COURSE and clubhouse and as consideration to PFLEIDER for his independent contract services. PFLEIDER shall promptly pay, as they become due and payable, all other indebtedness, obligation and other amounts owing or incurred by him under this contract. PFLEIDER shall not waive the payment in cash of green fees, locker rental fees, or any other established charges or fees to any person; this provision to include PFLEIDER'S being prohibited from trading, exchanging, or in any manner giving such green fees, locker rental fees, and other such charges, for personal services, labor, material, supplies, equipment, merchandise, or any other consideration other than cash. 10. The CITY shall, at its own cost and expense, make capital improvements to the GOLF COURSE, driving range, surrounding grounds, club house facilities, and equipment storage areas, subject to the appropriation of City funds thereof. 4 The CITY shall consul- with PFLEIDER prior to making said capital improvements. PFLEIDER shall have the authority to make capital improvements, at his own cost and expense, with the written approval of the CITY; provided that any and all improvements will become the property of the CITY, at no cost, upon completion. 11. It is agreed that the services called for herein shall be performed by PFLEIDER as an independent contractor, and CITY shall not be liable for the manner of discharge of such services. PFLEIDER shall indemnify and hold harmless the CITY against any and all claims, obligations, costs, judgments, and attorney's fees arising from or growing out of the operation and maintenance of the GOLF COURSE, driving range, club house, golf pro shop and related facilities; provided, however, that the indemnity provided herein shall specifically include allegation of the negligent acts and omissions of the City, its officers, agents, and employees. 12. PFLEIDER shall, at his own cost and expense, prior to the execution of this contract, furnish the City Clerk with certificates of insurance satisfactory to the CITY indicating the existence of statutory worker's compensation insurance, public liability and property damage insurance covering PFLEIDER'S operations hereunder, including contractual liability coverage for the indemnity agreement provided in Section 11 hereof, and automobile bodily injury and property damage liability insurance on all vehicles used by Pfleider in his operations hereunder. The limits of public liability and property damage insurance, contractual liability insurance, and automobile bodily injury liability and property damage liability insurance shall not be less than $500,000 per occurrence. The insurance required hereunder shall be provided through companies satisfactory 5 to CITY and shall name the CITY as an additional insured. The certificates of insurance furnished hereunder shall provide that the CITY shall be notified thirty (30) days prior to the cancellation or non-renewal of such insurance coverage. 13. This agreement shall not be transferred or assigned by PFLEIDER without the prior approval of the CITY. In the event that the CITY determines, in its judgement, that any one or more of the provisions of this contract are being breached or violated by PFLEIDER, it shall notify PFLEIDER thereof in writing, therein setting forth such breach or violation and a sufficient time for correction. In the event PFLEIDER fails to correct such breach or violation in the time allowed, the same shall, at the sole option of the CITY, serve to terminate this contract within ninety (90) days of legal notice. Such termination of the contract by CITY shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by PFLEIDER up to and including the date of such termination. In the event PFLEIDER should die or become physically unable to perform and complete this contract during the term hereof, PFLEIDER or his lawful representative shall agree to negotiate fair and reasonable terms to ensure the continuity of operations at this public facility during the interim period required to secure the services of a replacement contractor. 14. This contract constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by the parties hereto. Any written notice to be given hereunder by either party to the other party shall be effected by certified mail, 6 return receipt requested. Notice to PFLEIDER shall be sufficient if made or addressed to Ronald Pfleider, P.O. Box 20436, Beaumont, Texas, 77720. Notice to the CITY shall be sufficient if made or addressed to City tanager, City of Beaumont, P.O. Box 3327, Beaumont, Texas 77704. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. Executed this day of January, 1990. CITY OF BEAUMONT BY: Ray Riley, City Manager OPERATOR/LESSEE BY: Ronald Pfleider, Operator 7 EXHIBIT A HENRY ERG GOLF COUR&- rannatt Road I' N Tyrrell Park Road Park boundary Hillebra i ndt Bayou I Main Entrance Zaharias Drive Central Entrance J Ty reii Park I I Park boundary Golf Course CITY OF 13EAUMONT PARKS AND RECREATION DEPARTMFMT MIBIT B MINIMUM STANDARDS FOR MAINTENANCE AND OPERATION OF GOLF COURSE I. GROUNDS, CLUBHOUSE, RESTROOMS A. Keep clubhouse, restrooms, and storm shelter clean and orderly at all times. B. Maintain landscaping, grounds and trees surrounding golf course at Park and Recreation Department Standards. II. TURFGRASS MAINTENANCE A. Mowing Heights and Frequency Roughs 1 1/2" 2 times a month Fairways 1/2" 1 time a week Greens 3/16" 6 times a week Tees 1/4" 2 times a week i During the non-growing season, golf course will be mowed as needed - to maintain proper height of grass. B. Fertilize greens and tees once per month. Fertilize fairways once per year. C. Provide proper amount and frequency of watering necessary to maintain good growth and color of grass. D. Aerify greens twice per year. Aerify tees once per year. Verti-cut greens twice per year to control thatch and grain. E. Control turfgrass disease, insects and weeds with chemical treatments on as needed basis. F. All greens and tees to be top dressed with sand twice per year. G. During late fall, greens and tees to be overseeded with winter grass. III. SAND TRAP MAINTENANCE A. Rake traps twice per week. B. Trim grass edges of traps twice per year. IV. GOLF SERVICES A. Provide Golf Lessons. B. Provide pull carts, electric cars and golf clubs for rent. C. Provide club storage facilities and lockers for rental. D. Provide starter on 41 tee to control player starting times. E. Provide rangerfmarshall to patrol golf course and to assure compliance with rules. F. Provide snack bar for sale of coffee, cold drinks, candy, sandwiches, ice cream, etc. G. Provide golf shop for sale of golf equipment and merchandise.