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HomeMy WebLinkAbout16011 ORD - 02/04/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE GOLF PROFESSIONAL, THE ASSISTANT GOLF PROFESSIONALS AND THE CONCESSIONAIRE AT THE CORPUS CHRISTI GOLF CENTER, ALL AS MORE FULLY SET FORTH IN THE CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EX- HIBITS "A", "8", "C" AND "D"; AND DECLARING AN EMER- GENCY. 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 contracts with the Golf Professional, the Assistant Golf Profes y,, sionals and the concessionaire at the Corpus Christi Golf Center, all as more fully set forth in the contracts, substantial copies of each of which are attached hereto and made a part hereof, marked Exhibits "A", "B", "C", and "D". SECTION 2. The necessity to authorize execution of the aforesaid contracts at the earliest practicable date in order that said contracts may be effected without delay creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the 4{A,day of February, 1981. ATTEST: y Secretary APPROVED: DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By City Att./ ney 16011 THE TY OF CORPUS CHRISTI, TEXAS MIRQE1LMED SEP 471984 CONTRACT THE STATE OF TEXAS Q COUNTY OF NUECES i THIS AGREEMENT AND CONTRACT made and entered into this 1st day of FEBRUARY 1981 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 William J. Lewis of Nueces County, Texas, hereinafter called "Second Party" WITNESSETH: That in consideration of the covenants, agreements and conditions herein contained on the part of Second Party to be kept and performed, City does thereby contract with Second Party as the Golf Professional at the Corpus Christi Golf Center subject to all of the terms and conditions of this contract, for a period beginning on FEBRUARY 1, 1981 and ending at mid- night, JULY 31, 1981 . Second Party shall act as Golf Professional at the contract price of One thousand two hundred and forty four (1,244) Dollars per month. Second Party shall be entitled to six days vacation leave and to six days sick leave during the term of this contract without deduction from contract payments. Provided, however, it is expressly understood that Second Party is an inde- pendent contractor and not a City employee. Second party is further authorized to•receive ten percent (10%) of the gross profit of the pro -shop and to retain all receipts from his golf lessons. Gross profit is defined as the total sales revenue less tax of: the merchandise sales of the pro -shop less the cost of the merchandise, the charges for repair of clubs from the club repair shop and charges for lockers, club and pull cart rentals. There shall be not other singular costs or charges applied to cost incurred in buying or sell- ing goods, or their inventory cost. It is understood that electrical gas and water services are available to the pro -shop, club repair shop and locker rooms and that these services will be provided by the City at no cost to Second Party. A. Second Party shall be in charge of and shall have the responsi- bility for management and supervision of the Corpus Christi Golf Center Pro - Shop and Club House and Assistant Golf Professionals, including recommending the hiring or termination of the Ass't Golf Professionals. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course not in conflict with this contract and any that may hereafter be promulgated by the Director of Park and Recreation. B. Second Party shall collect all green fees, monthly rates, and other charges now in force in regard to said Corpus Christi Golf Center or as may hereafter be established by the City Council. He shall present each and every player with a ticket showing date and serial number that corre- sponds 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 in writing by the Director of Park and Recreation. He shall keep strict and accurate books of the pro - shop, books of account of all green fees, monthly rates and other charges collected by him, including golf lessons.: He 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 with the exception of the fees from golf lessons which are a consideration of this contract. The said books of account hereunder shall be open for inspection at all times. He shall likewise make a monthly itemized report to the Director of Park and Recreation of such collections. City will pay second party 10% of the gross profit of the pro -shop on a monthly basis upon reconciliation= of records. C. 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, the cost of the bond to be reimbursed to second party by City. D. Second Party shall have the right to give golf lessons and all revenue therefrom shall be accounted for in the same manner as but not included in other gross revenue from golf course operations. Second Party may authorize other individuals to give lessonsprovided satisfactory arragements 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. -2� E. Second Party shall insure that his, conduct is satisfactory and in keeping with the conduct required of a representative of City government. Second Party shall not drink alcoholic beverages an the premises, and shall not allow the persons under his supervision to drink alcoholic beverages when on duty. F. Second Party shall endeavor to maintain and promote a continuing program to attract citizens and tourists and to encourage use of the golf facilities, particularly weekday play, and shall maintain a minimum for four sets of rental golf clubs for use by the public. City shall continue its promotional activities for the facility, including brochures and listings in departmental literature. City agrees to adequately publicize course rules and regulations, and to post green fees, caddy rates, and golf cart rental rate. G. It is understood and agreed that Second Party will take good care of the personal property on hand in the Pro Shop as well as all real property and merchandise hereinafter purchased for the pro shop; and suffer no waste and will deliver the said property back to City at the expiration or termination of, this contract in the same condition as the -same was received, natural wear and tear alone excepted. Second Party will maintain an inventory of all City -owned furniture and equipment at said Corpus Christi Golf Center. Any adjustments required must be authorized by the Director of Park and Recreation. H. It is understood and agreed that the City is responsible for all major and minor repairs. It is 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 repairs. I. 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 Corpus Christi Golf Center any of the items at the golf shop, which are presently offered for sale. " J. 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 insurance of -3- $50,000. Copies of said policy shall be filed with the Director of Park and Recreation. It is agreed that City will reimburse Second Party for the cost of said insurance. Second Party agrees that he will incur no debts or obligations on the credit of City in the operation of said business. K. Second Party agrees that he will make no alterations in the Club House or Pro Shop without consent of the Director of the Park and Recreation in writing. L. It is understood that City shall keep up the fairways, grounds and buildings and will maintain the same. M. Second Party shall be held responsible for the fair and just treatment of all persons under his supervision. He shall insure that no such person or customer is discriminated against because of race, color, creed or national origin. N. 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. 0. 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 promulgated in regard to the operation of the Corpus Christi Golf Center, and that immediately upon such cancellation that City, its agents, servants and employees shall have the right, without further notice or demand to remove all persons from the Corpus Christi Golf Center without being liable for any claims for damages by reason of such cancellation. P. Second Party shall have the option of continuing or selecting a health and life insurance plan and City will reimburse Second Party at the same rate as City employees of the equivalent salary/pay grade for a compar- able cost policy as that in force for City employees. Q. It is understood and agreed, 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. It is agreed that Second Party may for just cause terminate this agreement with City -4- provided that thirty (30) days notice is given. 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 Second Party to supervise the operation of the Corpus Christi Golf Center Pro Shop and Club House as a public municipal facility with the duty of enforcing all rules, regulations and ordinances pertaining to same. t WITNESS the hands of the parties hereto this the day of , 1981. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager "CITY" APPROVED: DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: Dept. ead) rWi11iam_-J:.Lewis "SECOND PARTY" CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT AND CONTRACT made and entered into this 1st day of February 1981 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 Mr. Herbert :D. Huber of Nueces County, Texas, hereinafter called "Second Party". WITNESSETH: 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 as Assistant Golf Professional at the Corpus Christi Golf Center subject to allof the terms and conditions of this contract, for a period beginning on February 1, 1981 and ending at midnight, July 31, 1981. Second Party shall act as Assistant Golf Professional at the contract price of Seven Hundred Forty Six ($746.) Dollars per month. Second Party shall be entitled to six days vacation leave and to six days sick leave without deduction from contract payments. Provided, however, it is expressly under- stood that Second Party is an independent contractor and not a City employee. In addition, Second Party is authorized to receive two percent (2%) of the gross profit of the pro shop and to retain all receipts from his golf lessons. Gross profit is defined as the total profit less tax of: the merchandise sales of the pro shop, less the cost of the merchandise, the charges for repairs of clubs from the club repair shop and charges for lockers, club and pull cart rentals. There shall be no other singular costs or charges applied to costs incurred in buying or selling goods, or their inventory cost. It is understood that elec- trical, gas and water services are available to the pro shop, club repair shop and locker rooms and that these services will be provided by the City at no cost to Second Party. fa V" A. Second Party shall assist under the supervision of the Golf Pro- fessional, in the operation of the Corpus Christi Golf Center Pro Shop and Club House. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course not in conflict with this contract and any that may hereafter be promulgated by the Director of Park and Recreation. B. 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, the cost of the bond to be reimbursed to second party by City. C. Second'Party shall have the right to give golf lessons in accordance with the schedule approved by the Golf Professional. Revenue therefrom shall be accounted for in the same manner as but not included in other gross revenue from golf course operations. D. Second Party shall insure that his conduct is satisfactory and in keeping with the conduct required of a representative of City Government. Second Party shall not be permitted to drink intoxicating beverages in the golf course Club House or on the golf course grounds, while on duty. E. It is understood and agreed that Second Party will take good care of the personal property on hand in the Pro Shop as well as all real property and merchandise hereinafter purchased for the pro shop. F. It is understood and agreed that the City is responsible for all major and minor repairs. It is agreed that in no event shall Second Party F ever have or claim any damages against City for loss of income for failure of City to make any repairs. G. Second Party agrees to indemnify and hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operations of said golf shop and agrees to carry public liability insurance in the amount of $300,000 and property damage liability of $50,000. Copies of said policy shall be filed with the Director of the Park and Recreation Department. It is agreed that City will reimburse Second Party for the cost of said insurance. H. Second Party shall not discriminate against any customer because of race, color, creed, or national origin. I. Second Party shall work as directed by the Golf Professional and 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. J. It is further understood and agreed that the Director of Park and Re- creation 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 promulgated in regard to the operation of the Corpus Christi Golf Center, and that immediately upon such cancellation that City, its agents, servants and employees shall have the right, without further notice or demand to remove all persons from the Corpus Christi Golf Center without being liable for any claims for damages by reason of such cancellation. K. Second Party shall have the option of continuing or selecting a health and life insurance plan and City will reimburse second party at the same rate as city employees of the equivalent salary/pay grade for a comparable cost policy as that in force for City. L. It is understood and agreed, 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. It is: agreed that Second Party may for just cause terminate this agreement with City provided that thirty (30) days notice is given. 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 Second Party to assist in the supervision and operation of the Corpus Christi Golf Center Pro Shop and Club House as a public municipal facility with the duty of enforcing all rules, regulations and ordinances pertaining to same. WITNESSETH the hands of the parties hereto this the day of , 19 ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager Approved: "CITY" DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: —71 Dept. Head) Herbert B. Huber. "SECOND PARTY" CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT AND CONTRACT made and entered into this 1st day of February 1981 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 Mr. Jack Ebbs "Second Party". of Nueces County, Texas, hereinafter called WITNESSETH: 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 as Assistant Golf Professional at the Corpus Christi Golf Center subject to all of the terms and conditions of this contract,._for a period beginning on February 1, 1981 and ending at midnight, July 31, 1981. Second Party shall act as Assistant Golf Professional at the contract price of Seven Hundred Forty Six ($746.) Dollars per month. Second Party shall be entitled to six days vacation leave and to six days sick leave without deduction from contract payments. Provided, however, it is expressly under- stood that Second Party is an independent contractor and not a City employee. In addition, Second Party is authorized to receive two percent (2%) of the gross profit of the pro shop and to retain all receipts from his golf lessons. Gross profit is defined as the total profit less tax of: the merchandise sales of the pro shop, less the cost of the merchandise, the charges for repairs of clubs from the club repair shop and charges for lockers, club and pull cart rentals. There shall be no other singular costs or charges applied to costs incurred in buying or selling goods, or their inventory cost. It is understood that elec- trical, gas and water services are available to the pro shop, club repair shop and locker rooms and that these services will be provided by the City at no cost to Second Party. ti A. Second Party shall assist under the supervision of the Golf Pro- fessional, in the operation of the Corpus Christi Golf Center Pro Shop and Club House. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course not in conflict with this contract and any that may hereafter be promulgated by the Director of Park and Recreation. B. 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, the cost of the bond to be reimbursed to second party by City. C. Second'Party shall have the right to give golf lessons in accordance with the schedule approved by the Golf Professional. Revenue therefrom shal-1 be accounted for in the same manner as but not included in other gross revenue from golf course operations. D. Second Party shall insure that his conduct is satisfactory and in keeping with the conduct required of a representative of City Government. Second Party shall not`be permitted to drink intoxicating beverages in the golf course Club House or on the golf course grounds, while on duty. E. It is understood and agreed that Second Party will take good care of the personal property on hand in the Pro Shop as well as all real property and merchandise hereinafter purchased for the pro shop. F. It is understood and agreed that the City is responsible for all major and minor repairs. It is 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 repairs. G. Second Party agrees to indemnify and hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operations of said golf shop and agrees to carry public liability insurance in the amount of $300,000 and property damage liability of $50,000. Copies of said policy shall be filed with the Director of the Park and Recreation Department. It is agreed that City will reimburse Second Party for the cost of said insurance. H. Second Party shall not discriminate against any customer because of race, color, creed, or national origin. I. Second Party shall work as directed by the Golf Professional and 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. J. It is further understood and agreed that the Director of Park and Re- creation 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 promulgated in regard to the operation of the Corpus Christi Golf Center, and that immediately upon such cancellation that City, its agents, servants and employees shall have the right, without further notice or demand to remove all persons from the Corpus Christi Golf Center without being liable for any claims for damages by reason of such cancellation. K. Second Party shall have the option of continuing or selecting a health and life insurance plan and City will reimburse second party at the same rate as city employees of the equivalent salary/pay grade for a comparable cost policy as that in force for City. L. It is understood and agreed, 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. It is agreed that Second Party may for just cause terminate this agreement with City provided that thirty (30) days notice is given. 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 Second Party to assist in the supervision and operation of the Corpus Christi Golf Center Pro Shop and Club House as a public municipal facility with the duty of enforcing all rules, regulations and ordinances pertaining to same. WITNESSETH the hands of the parties hereto this the day of , 19 ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager Approved: "CITY" DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: Jack Ebbs "SECOND PARTY" 1 CITY OF CORPUS CHRISTI, TEXAS LEGAL DEPARTMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES • 2121/81 THAT THIS AGREEMENT is hereby made and entered into effective on the 1st day of February ' , 1981, by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter referred to as "CITY", and Mrs. Helen Minnie, of Nueces County, Texas, hereinafter called "PERMITTEE". Whereas, Permittee has requested the use of the Concession area at the Corpus Christi Golf Center within the City of Corpus Christi, Texas for the purpose of operating a concession business. NOW, THEREFORE, City does hereby grant Permittee the rights of concession to make direct sales to the public of wrapped sandwiches, hot dogs, popcorn, packaged chips, peanuts, soft drinks, candy, chewing gum, cigars, beer in aluminum cans and draft beer in plastic cups, and milk in cartons, according to the terms and conditions herein: r A. That City hereby grants to Permittee the use of the property described for the specific purposes heretofore enumerated and such privilege is granted for six months ending July 31, 1981. B. It is understood by and between the parties that electrical, gas and water services are available to the concession area and that these services will be provided by City at no cost to the Permittee. C. The Permittee shall be responsible to City for the following: (1) Permittee shall comply with all applicable City health regulations and other ordinances, laws, and regulations. (2) Permittee shall carry approved Public Liability Insurance, including poisoning or illness from food or drink in the amount of $100,000/$300,000; $10,000/$50,000 Property Damage naming City as a coinsured. Permittee shall indemnify and hold harmless City against all claims resulting from the operation of the concessionaire, her agents, servants, employees, and assigns. A copy of said policy shall be filed with the Director of Park and Recreation. (3) Permittee shall post in a conspicuous place at every location where merchandise is sold, a schedule of prices which are not in excess of those charged under similar conditions elsewhere in the City. If the Permittee desires to sell any items other than those listed herein, she must first receive the approval of the Director of Park and Recreation. (4) Permittee shall maintain a clean and neat operation within the concession area and properly dispose of any debris or refuse in the area resulting from operation of said con- cession. Trash receptacles at concession stand will be provided by Permittee. (5) Permittee shall file a financial statement with the Park and Recreation Department on or before the tenth day of each month, and keep books and records as prescribed by City's Director of Finance. (6) Hours of operation will be during all regularly scheduled golf activities and any other special events scheduled by the Golf Professional or the Director of Park and Recreation. The concession area will be in operation for special events by mutual agreement between the Permittee and the Director of Park and Recreation. - D. For and in consideration of the rights and privileges herein granted, Permittee agrees to pay to City twenty-one (21%) of gross sales derived frau said concessions, said amount being due and payable on the tenth of each month during the term of this agreement. E. City retains the right at any time to cancel this agreement provided that thirty (30) days prior written notice is given to -Permittee. F. It is further understood and agreed that the Permittee is and shall be an independent contractor hereunder, and that in her use and enjoyment of the premises she will indemnify and save harmless the City from any neglect or mis- conduct on the part of the Permittee, her agents, servants, employees, and assigns, and shall in every way hold the City harmless from same. G. It is further understood and agreed that the Permittee shall not make alterations, additions, or improvements to said concession area without prior written consent of the City. H. It is further understood and agreed that failure of the Permittee to comply with any of the terms herein provided shall be authority for the City, or its agents, at the City's option, to cancel this agreement. Permittee will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. WITNESS OUR HANDS, in duplicate this the day of , 1981. ATTEST: CITY OF CORPUS CHRISTI By: City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1981: J. BRUCE AYCOCK, CITY ATTORNEY Permittee Assistant City Attorney APPROVED: r% ;"�,L;, if (Dept. (Dept. Head) Corpus Christi, Tcas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 19.9J For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO i CITY "CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky vote: The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky 16011