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HomeMy WebLinkAboutRES 83-336 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, in substantially the form attached hereto as Exhibit "A" , with Ronnie Pfleider for professional services related to the operation and maintenance of the Henry Homberg Golf Course at Tyrrell Park . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1;1W day of 19 3 . - Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT FOR PERSONAL AND PROFESSIONAL SERVICES 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, an individual 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 "Golf Course" ) , upon the terms and conditions herein contained: 1 . For and in consideration of the terms and conditions herein contained, Pfleider shall manage, operate, and maintain the municipal golf course during the term hereof. 2 . This agreement shall be for a term of one ( 1 ) year, commencing on the _ day of , 1983. Upon expiration of the initial term or any extension hereof , this agreement shall be extended, upon the same terms and conditions, for additional terms of one ( 1 ) year each; provided, however, that either party may terminate this agreement by written notice to the other party thirty ( 30) days prior to the expiration of any one ( 1 ) year term. 3 . Pfleider shall, at his own cost and expense and with persons employed by Pfleider, operate and maintain the golf course, driving range, surrounding grounds , club house facilities and equipment storage areas in accordance with the minimum standards as set forth in Exhibit "A" attached hereto and made a part hereof. Pfleider shall, at his own cost and expense, furnish all equipment, including tractors, trailers, mowers, and similar equipment, necessary to maintain the golf course. Pfleider shall, at his own cost and expense, furnish all golf carts. Pfleider shall, at his own cost and expense, furnish all inventory and merchandise to be sold by Pfleider in the club house and golf pro shop. 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 . 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 therefor. The City shall consult with Pfleider prior to making said capital improvements. 6 . Pfleider shall pay City prior to the fifteenth ( 15th) day of each month, twenty percent ( 20% ) of all green fees received by Pfleider during the preceding month from all golfers playing on the golf course. He shall also pay City prior to the fifteenth ( 15th) day of each month, twenty-five percent ( 25% ) of the gross receipt for the sale of beer on the premises. Pfleider shall maintain books and records, in a manner acceptable to the City, accounting for all green fees and beer sales received. The books and records maintained by Pfleider shall be available to the City or its agents for inspection at all reasonable times. Pfleider shall retain the remainder of the green fees, beer sales, all proceeds from golf cart rentals , golf lessons, sales of golf equipment, and all other revenues derived by virtue of Pfleider' s operation of the golf course, driving range, club house and golf pro shop. For purposes of this paragraph, gross receipts mean the amounts realized in the sale of all concession items after deducting any and all sales taxes. 7 . Pfleider shall establish all green fees, beer sales prices, membership fees, rules and regulations; provided, however, - 2 - ,e-f, that such green fees, beer sales prices, membership fees, rules and regulations, and all amendments thereto, must be approved in writing by the City Manager of City prior to the effective date thereof. 8 . Pfleider shall maintain his professional golf association certification as a Class A Professional throughout the term of this agreement and any extension thereof . 9 . Pfleider agrees to comply with all rules and regulations prohibiting the sale of alcoholic beverages in the parks. Pfleider further 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. 10. 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 not apply to claims arising from the negligent acts and omissions of the City, its officers, agents and employees. 11 . Pfleider shall , at his own cost and expense, prior to the commencement term hereof, furnish City with certificates of insurance satisfactory to the City indicating the existence of statutory workmen' 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 10 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 3 - insurance, and automobile bodily injury liability and property damage liability insurance shall not be less than $500,000 .00 per occurrence. The insurance required hereunder shall be provided through companies satisfactory 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 of such insurance coverage. 12. This agreement shall not be transferred or assigned by Pfleider without the prior approval of City. 13 . Any written notice to be given hereunder by either party to the other party shall be effected by certified mail, return receipt requested. Notice to Pfleider shall be sufficient if made or addressed to Notice to the City shall be sufficient if made or addressed to City Manager, City of Beaumont, P . O. Box 3827, 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 1983. CITY OF BEAUMONT 1 BY: {1 'I', City Manager RONALD PFLEIDER 4 - EXHIBIT "A" MINIMUM STANDARDS FOR MAINTENANCE AND OPERATION OF GOLF COURSE I. A. Grounds, Clubhouse, Storm Shelter and Restrooms Keep clean and orderly at all times. B. Golf Course Keep clean of litter (natural or man made) at all times. II. Turfgrass Maintenance A. Mowing Heights and Frequency (1) Roughs 1 1/2" 2 times a month (2) Fairways 1/2" 1 time a week (3) Greens 3/16" 6 times a week (4) Tees 1/4" 2 times a week Note: During the nor:-growing season, golf course will be mowed as needed to maintain proper height of grass. B. Fertilization Program (1) Fertilize greens and tees once per month. (2) Fertilize fairways once per year. C. Watering Program --- Proper amount and frequency necessary to maintain good growth and color of grass. D. Aerification (1) Aerify greens twice per year. (2) Aerify tees once per year. (3) Verti-cut greens twice per year to control thatch and grain. E. Turfgrass Disease, Insects and Weed Control --- Proper treatments with chemical on as needed basis. F. Top Dress --- All greens and tees to be top dressed with sand twice per year. G. Overseeding --- During late fall (when summer grass is in dormant stage) 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 carts and golf clubs for rent. C. Provide club storage facilities and lockers for rental. D. Provide starter on #1 tee to control player starting times. F. Provide ranger/marshall 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.