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HomeMy WebLinkAbout14691A ORD - 01/03/1979jkh:12-6-78;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND CONTRACT WITH JIMMY EDWARD TAYLOR AS GOLF PROFES- SIONAL AT A COMPENSATION OF $200 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID JIMMY EDWARD TAYLOR THE GOLF PRO SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERA- TION OF THE COMPENSATION TO THE CITY OF TEN PERCENT '(lO%) OF ALL INCOME FROM GOLF CARTS, FIVE PERCENT (5%) OF THE GROSS RECEIPTS OF ALL FUNCTIONS OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS, AND AN ADDITIO L TWO AND ONE-HALF PERCENT (2-1/2%) OF TOTAL GROSS R CEIPTS FROM $50,000 TO $75,000, AND AN ADDITIONAL FIVE PE CE T (5%) OF TOTAL GROSS RECEIPTS OVER $75,000, ALL AS M E FULLY SET FORTH IN THE CONTRACT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement and contract with Jimmy Edward Taylor, employing said Jimmy Edward Taylor as Golf Professional at a compensation of Two Hundred Dollars ($200) per month at the Oso Municipal Golf Course, and leasing to him the golf pro shop at the said Oso Municipal Golf Course for a period of three years for and in consideration to the City of ten percent (10%) of all income from golf carts, five percent (5%) of the gross receipts of all functions of the pro shop, including merchandise sales and golf lessons and locker rentals, and an additional two and one-half percent (2-1/2%) of total gross receipts from $50,000 to $75,000, and an additional five percent (5%) of total gross receipts over $75,000, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. QQLME9 `Jut o 81989 14691-/-- CONTRACT THE STATE OF TEXAS COUNTY OF NUECES II THIS AGREEMENT AND CONTRACT made and entered into this day of , by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, a home rule city, hereinafter called "City", acting by and through its City Manager, R. Marvin Townsend, and James Edward Taylor, of Nueces County, Texas, hereinafter called "Second Party", WITNESSETH: I That in consideration of the covenants, agreements and conditions herein contained on the part of Second Party to be kept and performed, City does hereby contract with Second Party subject to all of the terms and conditions of this contract, and does lease to Second Party the Golf Shop located at the Oso Municipal Golf Course for a period beginning on and ending at midnight, Second Party shall act as Golf Professional at the contract price of Two Hundred and No/100 ($200.00) Dollars per month. Second Party shall be entitled to vacation leaves without deduction from his contract payments, and to sick leave equal to that of City employees. Provided, however, it is expressly understood that Second Party is an independent contractor and not a City employee. A. Second Party shall be in charge of and shall have the responsibility for supervision of the Oso Municipal Golf Course and as such shall perform all duties and responsibilities as are required of him by the laws of the State of Texas and the ordinances of the City of Corpus Christi and such other functions and duties, in connection with the operation of the Pro Shop, Club House (including the restroom and locker area), and play on the Golf Course, as directed by the City Manager. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course and that may hereafter by promulgated by the City Manager or the Director of the Park and Recreation Department. 601. k B. Second Party shall be a person qualified in the management of a golf course, whose duty shall be to manage and control the administration and operation of but excluding any maintenance of the Municipal Golf Course. - C. Second Party shall collect all green fees, monthly rates, and other .charges now in force in regard to said Oso Municipal Golf Course or as may here- after be established by the City Council. He shall present each and every player with a ticket showing date and serial number that corresponds to the receipt tape on the cash register at such golf course and shall permit no person to play on said course without having in his possession such ticket, unless specifically authorized by the City Manager. He shall keep strict and accurate books of account of all green fees, monthly rates and other charges collected by him, including golf lessons and locker rentals, and shall deposit all such fees, rates, charges and the cash register receipt tape, with the Director of Finance at such intervals, and accompanied by a report in such form, as required by the Director of Finance. The said books of account hereunder shall be open for inspection at all times. He shall likewise make a monthly itemized report to the City Manager and/or Director of the Park and Recreation Department of such collections. D. Second Party shall furnish a good and sufficient bond in the sum of not less than Five Thousand Dollars ($5,000), with the surety thereon a corporate surety duly licensed under the laws of the State of Texas to write fidelity bonds, conditioned that Second Party shall pay over to the City all green fees, monthly rates and other charges collected by him. E. Second Party shall have the right to give golf lessons and all re- venue therefrom shall be accounted for in the same manner as other gross revenue from golf course operations. Second Party may authorize other individuals to give lessons provided satisfactory arrangements are made for the use of the course and all revenue therefrom shall be accounted for in the same manner as prescribed for lessons given by the Second Party. F. Second Party shall be responsible for and control the activities of caddies on the golf course and shall take whatever action is necessary to in- sure that the caddies conduct themselves in an orderly manner. Second Party shall insure that the conduct of his own employees is satisfactory and in keeping with the conduct required of City employees in general. Second Party shall also insure that neither he, his employees nor the employees or caddies under his supervision are permitted to drink intoxicating beverages in the golf course Club House or on the golf course grounds. G. Second Party shall endeavor to maintain and promote a continuing program to attract citizens and tourists and to encourage use of the golf facili- ties, particularly weekday play, and shall maintain a minimum of four sets of ren- tal golf clubs for use by the public. City shall continue its promotional activi- ties for the facility, including brochures and listings in departmental literature. H. Second Party agrees to adequately publicize course rules and regula- tions, and to post green fees, caddy rates, and golf cart rental rates. I. The Club House food and drink concession will be awarded through competitive bidding by the City. Second Party shall supervise the concession operation and perform all duties and responsibilities as are required to assure. that the concessionaire complies with the concession contract relating to service in the Club House. Second Party will receive no part of the concession income. II City hereby leases to Second Party, for the periods hereinbefore stated, subject to all the terms and conditions of this contract as follows: A. The Golf Shop and all of its furnishings and equipment, as shown on Exhibit 1, located at the Oso Municipal Golf Course; and B. The furnishings of the locker/restroom area, and the other furniture and equipment located at the Municipal Golf Course, as shown on Exhibit 2. It is understood and agreed that Second Party shall operate said busi- nesses as his own business and shall be entitled to all of the profits from the operation of said businesses, except that he shall pay to City ten (100) percent of all income from golf carts, five (5%) percent of the gross receipts on all functions of the pro -shop, including merchandise sales and golf lessons, and an additional two and one-half (21%) percent of total gross receipts from $50,000 to $75,000, and an additional five (5%) percent of total gross receipts over $75,000, said sums shall be due and payable monthly, the first payment being due on or before the tenth day of the month next following the effective date hereof and on or before the tenth day of each successive calendar month thereafter accompanied'by an item- ized statement in such form as required by the Director of Finance. Second Party agrees to keep strict, accurate and correct books on the operations of such busi- ness and to employ a Registered Public Accountant or Certified Public Accountant to keep said books and said books shall be open for inspection by the City Manager, or any person designated by him, at any and all times. III It is understood and agreed that Second Party will take good care of the personal property shown on Exhibits 1 and 2 as well as all real property here- by leased and demised to him and suffer no waste and will deliver the said property _ back to City at the expiration or other termination of this lease in the same condi- tion as the' same was received, natural wear and tear alone excepted. Second Party will submit each year to the Director of the Park and Recreation Department an inventory of all City -owned furniture and equipment at said Oso Municipal Golf Course. This inventory shall be submitted in each anniversary month of the sign- ing of this agreement, and reconciled with the previous year's inventory. Any adjustments required must be authorized by the Director of the Park and Recreation Department. IV It is understood and agreed that the Second Party is responsible for minor repairs, such as repairing a lock or rescreening a door, which do not Gost- in excess of Twenty -Five ($25.00) Dollars for any one repair. All minor repairs to the building occupied by the golf shop and/or the City -owned equipment therein, excluding plumbing, electrical and air conditioning, will be made by Second Party at his own cost and expense, and that the major repairs to the same will be made by City after the need therefor has been determined by the City Manager, whose decision on the same shall be final. It is further understood and agreed that in no event shall Second Party ever have or claim any damages against City for loss of income for failure of City to make any major repairs unless the said City shall have had written notice of the need of such repairs at least fifteen (15) days prior to time of the origin of the claim for damage, and it has failed and refused to make such repairs. Second Party is to keep the plumbing free from all obstruct- ions, within the buildings and to the outside drain lines, and keep the premises around the buildings, and the buildings, clean and free from rubbish, trash, etc., at all times. The course crew may be used in major periodic cleaning of the build- ing and all general policing of premises around the buildings. City will furnish all sanitary and cleaning supplies necessary and used in the keeping of said pre- mises clean and sanitary. V City agrees that it will not, while this agreement is in force and effect, grant to any other person or organization the privilege of selling at the Oso Municipal Golf Course any of the items at the golf shop, which are presently offered for sale. In order to prevent damage to the greens, fairways and other areas of the golf course, it is agreed by the parties hereto that no golf carts except those owned or leased by Second Party, will be allowed on the golf course. VI Second Party agrees to indemnify and hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operation of said golf shop and agrees to carry public liability insurance in the amount of $300,000 and property damage liability of $25,000. Copies of said policy shall be filed with the Director of the Park and Recreation Department. Second Party agrees that he will incur no debts or obligations on the credit of City in the operation of said businesses. VII Second Party agrees that he will make no alterations in the buildings' hereby leased without consent of the City Manager or Director of the Park and Recreation Department in writing first had and obtained. VIII It is understood that City shall furnish the men and equipment necessary to keep up the fairways, grounds (except the buildings hereby leased) and will maintain the same, except as provided in paragraph X. IX Second Party shall be held responsible for the fair and just treatment of all employees under his supervision. He shall insure that no employee or customer is discriminated against because of race, color, creed, or national origin. X Second Party agrees that, at his own cost and expense, he will employ a starter and other employees to operate the said businesses, which said starter and other employees shall be solely in the employ of Second Party, and shall never be considered employees of City. It is further understood that such starter shall supervise the play in accordance with the rules and regulations of the Oso Munici- pal Golf Course at all times, and Second Party agrees to employ sufficient employees as the City Manager shall deem necessary for the operation of said businesses. All such employees shall be covered by Workmen's Compensation Insurance carried at the expense of Second Party who shall pay all salaries of all such employees. XI Second Party shall work in a cooperative manner with the Golf Course Superintendent in the maintenance and arrangements of greens and tees and other golf facilities, especially where golf course play is concerned. XII It is further understood and agreed that the City Manager may at any time cancel this contract upon the failure of Second Party to perform the conditions of this contract or upon failure to comply with any rules and regulations promul- gated in regard to the operation of the Oso Municipal Golf Course, and that immed- iately upon such cancellation that City, its agents, servants and employees shalt have the right, without further notice or demand to re-enter and take possession. of all of the property herein leased and demised and remove all persons therefrom' without being liable for any claims for damages by reason of such cancellation and resumption of possession. XIII Second Party agrees to provide suitable signs at the Golf Shop advisingr, the public that such business is operated by Second Party as an independent con- tractor and not operated by City. It is understood and agreed, however, that this contract is a personal, contract, not assignable, and that the same will terminate upon the death of Second Party, or in the event of the inability of Second Party to perform the duties hereunder for a period of Sixty (60) days' time. This shall be construed as a use privilege contract, including the right of use and occupancy of the golf shop, and locker/restroom area with the obligation upon Grantee to supervise the operation of the Oso Municipal Golf Course as a public municipal golf course with the duty of enforcing all rules, regulations and ordinances pertaining to same. WITNESSETH the hands of the parties hereto this the day of , 197 ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager APPROVED: "CITY" DAY OF DECEMBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance Jimmy Edward Taylor "SECOND PARTY" EXHIBIT 1 Inventory of City Equipment at Oso Golf Course GOLF SHOP Item No. Description of Item(s) Quantity 1. Metal Desk (36" X 72") 1 2. Swivel Desk Chair 1 3. Office Visitor Chairs 2 4. Four -Drawer Metal Filing Cabinet 1 5. Masonite Carpet Protector 1 6. Desk Lamp 1 7. Wooden Desk 1 8. Wooden Arm Chair for Desk 1 9. Cash Register (5 total) 1 10. Swing Weight Scale 1 11. Combination Counter and Display Case 1 12. Sections of Rubber Matting (Behind 8 Counter) 13. Lawson Torpedo Trash Receptacles 2 14. Sand Urns 2 15. Fire Extinguishers 3 16. Cordless Clock 1 17. Plastic Trash Receptacles 2 18. Swing Top Trash Receptacle, Gray 1 19. Fiberglass Stacking Chairs 2 20. Pigeon Hole Cabinet (Glove Rack) 1 Remarks EXHIBIT 2 Inventory of City Equipment at Oso Golf Course LOCKER - RESTROOM AREA Item No. Description of Item(s) Quantity Remarks 1. Locker Room Bench 1 2. Metal Clothing Lockers 24 3. Aluminum Ladder (6') 1 4. Rattan Couch 1 5. Rattan Chairs 2 6. Telephone Table 1 7. Ash Stands 3 8. Bulletin Board (3' X 5') 1 9. Sand Urns 2 10. Swing Top Trash Receptacle, Gray 1 LOUNGE AREA 1. Swing Top Trash Receptacles, Gray 3 2. Fiberglass Stacking Chairs 56 3. Round Tables, Formica Top 14 4. Sand Urns 2 5. Fire Extinguisher 1 6. Plastic Trash Receptacle 1 STORE ROOM 1. Wet -Dry Vacuum Machine 1 2. Trash Can Dolly 1 3. GE Model S-17 Floor Maintainer 1 PORCH AREA 1. Picnic Tables (Benches Attached) 3 2. Dome Top Metal Trash Receptacles 2 That the foregoing ordinance was read for first time and passed to its second reading on this the .?.2 day of azur1,„44.,.J , 19 7Y, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance,�ias read for e secon time and pa d to its third reading on this the (p dayof , 197/, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sa 1 That the foregg,oing ordina was read for the thud time and passed finally on this the, -$ day of 77 , by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the ,3 day of � / , 1979 . ATTEST: /.. 144, 'City Secretary APPROVED: Z7/ DAY OF 219 i J. BRUCE AYCOCK, CITY ATTORNEY By Assista j y Attorney MAYO THE CIT S CHRISTI, TEXAS 14691-J- 4 p * F ;sem:. MOTION `TOE /-JOL"r moved and 4',:p S/3M/fL� seconded the motion that the ordinance authorizing a contract with Jimmy Taylor for golf professional services at the Oso Municipal Golf Course, read on the first of three readings on November 22, 1978, be amended prior to its second reading by providing the following changes: 1. In the caption and in Section 1 of the ordinance, correct the name of Mr. Taylor to read Jimmy Edward Taylor. 2. Add to Section 1 of the ordinance the words "and locker rentals" to the items for which the City is to be compensated on a percentage basis, and add the provision to the agreement, also. 3. Correct the name in the introductory paragraph of the contract to read Jimmy Edward Taylor. 4. Substituting the agreement attached hereto in lieu of the copy made a part of the ordinance read on the first reading, on November 22, 1978. Passed unanimously. Dated p.e, 4) /IV'.