HomeMy WebLinkAboutRES 85-017 7
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 _/S,-zW day of 1985.
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 , 1985. 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
X.5-/7
Exhibit "A"
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 .
On or before the fifteenth ( 15th) day of each month,
Pfleider shall the following amounts to the city:
a. 20% of all greens fees received during the previous
month;
b. 25% of the gross receipts for beer sales on the
premises during the previous month;
C . Fifty cents ($ .50) per cart rented during the
previous month as a rental electric cart trail
fee; and,
d . All private electric cart trail fees collected
during the previous month.
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,
golf cart rental fees, 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 shall mean the amounts
realized in the sale of beer after deducting any and all sales
taxes.
2 -
7 .
Pfleider shall establish all greens fees, beer sales
prices, membership fees, rules and regulations; provided, however,
that such greens 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
3 -
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
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 Ronald Pfleider. 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 1985.
CITY OF BEAUMONT
BY:
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 non-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.
111. 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.
E. Provide ranger/marshall to patrol golf course and to
assure compliance with rules.
p. 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.
s --
i