HomeMy WebLinkAbout16889 ORD - 02/24/1982AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR
GOLF PROFESSIONAL AND ASSISTANT GOLF PROFESSIONAL SER-
VICES AT THE CORPUS CHRISTI GOLF CENTER FOR A PERIOD OF
THREE YEARS WITH THE GOLF PROFESSIONAL AT A COMPISATION
OF $1,350 PER MONTH AND FIVE (5%) PERCENT OF THE GROSS
SALES OF THE PRO7SHOP UP TO GROSS SALES IN THE AMOUNT OF
$120,000 AND SIX (6%) PERCENT THEREAFTER; THE FIRST ASSIS-
TANT GOLF PROFESSIONAL AT A COMPENSATION OF $850 PER MONTH
AND THREE (3%) PERCENT OF THE GROSS SALES OF THE PRO -SHOP
UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND FOUR -(4%)
PERCENT THEREAFTER; AND THE SECOND ASSISTANT GOLF PROFESS,
IONAL AT A CCMPENSATION OF $800 PER MONTH AND TWO (2%) PERT.
CENT OF THE GROSS SALES OF THE PRO -SHOP UP TO GROSS SALES
IN THE AMOUNT OF $120,000 AND THREE (3%) PERCENT THEREAFTER,
AS MORE FULLY SET FORTH IN THE CONTRACTS, A SUBSTANTIAL COPY
OF EACH IS ATTACHED AND MADE A PART HEREOF AND MARKED EXHI-
BITS 1, 2 AND 3.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
That the City Manager be and he is hereby authorized and directed to
execute contracts for Golf Professional and Assistant Golf Professional services
at the Corpus Christi Golf Center for a period of three years with the Golf Pro-
fessional at a compensation of $1,350 per month and five (5%) percent of the
gross sales of the Pro Shop up to gross sales in the amount of $120,000, and
six (6%) percent thereafter; the First Assistant Golf Professional at a compenr
sation of $850 per month and three (3%) percent of the gross sales of the Pro,
Shop up to gross sales in the amount of $120,000 and four (4%) percent there-
after; and the Second Assistant Golf Professional at a compensation of $800 per
month and two (2%) percent of the gross sales of the Pro Shop up to gross sales
in the amount of $120,000 and three (3%) Percent thereafter, as more-fullyset
forth in the contracts, a substantial copy of each is attached and made a part'
hereof and marked Exhibits 1, 2 and 3,
16887
SEP 8 1984
441UntILMED.
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT AND CONTRACT made and entered into 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 Acting City Manager, Ernest M. Briones,
and BRUCE HADDAD 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 Golf Professional at the Corpus Christi Golf Center subject
to all of the terms and conditions of this contract, for a
period of three Years beginning on FEBRUARY 1, 1982 and ending
FEBRUARY 2, 1985, unless sooner terminated. Second Party shall
be a person qualified in the management of a golf course, whose
duty shall be to mai-lege and control the administration and
operation of but excluding any maintenance of the Golf Course.
Second Party shall act as Golf Professional and receive a
monthly payment of $1350; cost of living increases to this basic
salary are to be negotiated on a annual basis subject to City
Council approval of a City cost of living allowance increase.
Payment
shall be
on the
shall be entitled to 10
leave without deduction
15th & 30th of every month. Second Party
days vacation leave and to six days sick
from contract payments, provided, however,
it is expressly understood that Second Party is an independent
contractor and not a City employee. In addition, Second Party is
authorized to receive 5 percent (5%) of the gross sales of the
pro shop up to gross sales in the amount of $120,000 and 6 percent
(6%) thereafter. Gross sales is defined as the total sales less
tax of: the merchandise ;ales of the pro shop, the charges for
repairs of clubs from the club repair shop, locker rentals, club
rentals and pull cart rentals.
Page -2-
,
There'shal'l be no other singular costs or charges applied to
costs incurred in buying or selling goods, or their inventory
cost. The Pro Shop merchandise and club repair shop merchandise
shall be inventoried on a monthly basis and monthly sales
of pro shop merchandise, charges for locker rentals, club
rentals, pull cart rentals, and club repair shall be identified
and provided to the finance department for determination
of the gross monthly sales, less tax. The finance department
will pay the Golf Professional, and Ass't 'Golf Professionals
their respective contract percentage of the gross sales deter-
mined on a monthly basis as certified by the Director of Park;
and Recreation; said payment subject to not more than 30 days
delay to allow for inventory tabulation and processing.
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 responsibility 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 Assistant 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, electric
cart rentals, driving range charges 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 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. He shall keep strict and accurate books of account
of all green fees, electric cart rentals, range charges and
pro -shop merchandise sales and other charges collected by him,
including club rentals, pull cart rentals, locker rentals and
Page -3-
club repair charges 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.
Second Party agrees that he will incur no debts or
obligations on the credit of City in the operation of said
business, except under standard City procedures.
C. Second Party shall furnish a good and sufficient
bond in the sum of not less than Eight Thousand Dollars
($8,000), 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.
D. Second Party shall have the right to give golf lessons
and all revenue therefrom shall be the property of second
* Party, however said lessons must 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.
E. Second Party shall be responsible for and control
the activities of caddies and other Pro -Shop help on the
golf course and shall take whatever action is necessary to
insure that the caddies and other help condubt 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.
Page -4-
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 of 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.
G. Second Party agrees to adequately publicize course
rules and regulations, and to post green fees, caddy rates,
and golf cart rental rates.
H. 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.
I. It is understood and agreed that Second Party will
be responsible for 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.
J. 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.
Page -5-
K. 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.
L. 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/
$500,000 and property damage liability insurance of $20,000/
$100,000. 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.
M. Second Party agrees that he will make no alterations
in the Club House or Pro Shop without consent of the Director
of Park and Recreation in writing.
N. It is understood that City shall keep the fairways,
grounds and buildings and will maintain the same.
0. 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.
P. 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.
Q. 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.
R. 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 employees.
S. 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 Phrty, 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 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
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.
WITNESS the hands of the parties hereto this the day
of . 1982.
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
City Secretary
APPROVED:
DAY OF FEBRUARY, 1982
J. BRUCE AYCOCK, CITY ATTORNEY
By
City Attorney
APPROVED:
By
Ernest M. Briones, Acting
City Manager
"CITY"
BRUCE HADDAD
"SECOND PARTY"
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT AND CONTRACT made and entered into 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
Acting City Manager, Ernest M. Briones, and HERBERT BUDER of Neuces 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 First Assistant Golf Pro-
fessional at the Corpus Christi Golf Center subject to all of the terms and
conditions of this contract, for a period of three years beginning on
FEBRUARY 1, 1982 and ending, FEBRUARY 2, 1985, unless sooner terminated.
Second Party shall be a person qualified in the management of a golf course,
whose duty shall be to assist the golf professional in the management and
control of the administration and operaiion of but excluding any maintenance
of the Golf Course.
Second Party shall act as First Assistant Golf Professional and receive
a monthly payment of $850; cost of living increases to this basic salary
are to be negotiated on a annual basis subject to City Council approval of
a City cost of living allowance increase. Payment shall be on the 15th &
30th of every month. Second Party shall be entitled to 10 days vacation leave
and to six days sick leave without deduction from contract payments, provided,
however, it is expressly understood that Second Party is an independent con-
tractor and not a City employee. In addition, Second Party is authorized
to receive three percent (3%) of the gross sales of the pro shop up to gross
sales in the amount of $120,000 and four percent (4%) thereafter.
EXit-z
Page -2-
Gross sales is defined as the total sales less tax of:
the merchandise sales of the pro shop, the charges for repairs
of clubs from the club repair shop, locker rentals, club
rentals 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. The Pro Shop merchandise
and club repair shop merchandise shall be inventoried on a
monthly basis and monthly sales of pro shop merchandise,
charges for locker rentals, club rentals, pull cart rentals,
and club repair shall be identified and provided to the
finance department for determination of the gross monthly
sales, less tax. The finance department will pay the Second
Party the respective contract percentage of the gross sales
determined on a monthly basis as certified by the Director
of Park and Recreation; said payment subject to not more
than 30 days delay to allow for inventory tabulation and
processing.
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 assist the Golf Professional in
the Management and supervision 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 during assigned working days,
collect all green fees, electric cart rentals, driving
range charges and other charges now in force in regard to
said Corpus Christi Golf Center or as may hereafter be establish-
ed 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
Page 13 -
without having in his possession such ticket. He shall keep
strict and accurate books of account of all green fees,
electric cart rentals, range charges and pro -shop merchandise
sales and other charges collected by him, including club
rentals, pull cart rentals, locker rentals and club repair
charges and when required by the Golf Professional, 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 when ;.
required by the Golf Professional, make a monthly itemized
report to the City Manager and/or Director of the Park and
Recreation Department of such collections.
Second Party agrees that he will incur no debts or
obligations on the credit of City in the operation of said
business, except under standard City procedures.
C. Second Party shall furnish a good and sufficient
bond in the sum of not less than Eight Thousand Dollars
(88,000), 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.
D. Second Party shall have the right to give golf
lessons and all revenue therefrom shall be the property of
second Party, however said lessons must be accounted for in
the same manner as other gross revenue from golf course
operations.
E. Second Party during assigned working days shall be
responsible for and control the activities of caddies and
other Pro -Shop help on the golf course and shall take whatever
action is necessary to insure that the caddies and other
help conduct themselves in an orderly manner. Second Party
shall insure that the conduct of all employees is satisfactory
and in keeping with the conduct required of City employees
in general.
Page -4-
Second Party shall also insure that neither he, 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.
F. The Club House food and drink concession will be
awarded through competitive bidding by the City. Second
Party shall when required by the Golf Professional, supervise
the concession operation and perforM all duties and responsibil-
ities 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.
G. It is understood and agreed that Second Party will
be responsible for 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. "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/
$500,000 and property damage liability insurance of $20,000/
$100,000. 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.
page TS -
J. Second Party agrees that he will make no alterations
in the Club House or Pro Shop without consent of the Golf
Professional and the Director of Park and Recreation in
writing.
K. 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.
L. 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.
M. 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.
N. 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 employees.
0. 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 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
Page -6-
locker/restroom area with the obligation upon Second Party under the direction
of the Golf Professional 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.
WITNESS the hands of the parties hereto this the day of
, 1982.
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
City Secretary By
Ernest M. Briones
Acting City Manager
"CITY"
APPROVED:
DAY OF FEBRUARY, 1982
J. BRUCE AYCOCK, CITY ATTORNEY
By
City Attorney
APPROVED:
HERBERT BUDER
"SECOND PARTY"
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT AND CONTRACT made and entered into 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 Acting
City Manager, Ernest M. Briones, and JAMES NEDBALEK 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 Second Ass't Golf Professional at the
Corpus Christi Golf Center subject to all of the terms and conditions of this
contract, for a period of three years beginning on FEBRUARY 1, 1982 and
ending, FEBRUARY 2, 1985, unless sooner terminated. Second Party shall be
a person qualified in the management of a golf course, whose duty shall be
to assist the Golf Professional and First Asst Golf Professional in the
management and control of the administration and operation of but excluding
any maintenance of the Golf Course.
Second Party shall act as Second Assistant Golf Professional and receive
a monthly payment of $800; cost of living increases to this basic salary
are to be negotiated on an annual basis subject to Ctiy Council approval of
a City cost of living allowance increase. Payment shall be on the 15th &
30th of every month. Second Party shall be entitled to 10 days vacation leave
and to six days sick leave without deduction from contract payments, provided,
however, it is expressly understood that Second Party is an independent
contractor and not a City emplOyee. In addition, Second Party is authorized
to receive 2 percent (2%) of the gross sales of the pro shop up to gross
sales in the amount of $120,000 and 3 percent (3%) thereafter.
Page -2-
Gross sales is defined as the -total sales less tax of:
the merchandise sales of the pro shop, the charges for repairs
of clubs from the club repair shop, locker rentals, club
rentals and pull cart rentals. Thereshallbe no other singular
costs or charges applied to costs incurred in buying or
selling goods, or their inventory cost. The Pro Shop merchandise
and club repair shop merchandise shall be inventoried on a
monthly basis and monthly sales of pro shop merchandise,
charges for locker rentals, club rentals, pull cart rentals,
and club repair shall be identified and provided to the
finance department for determination Of the gross monthly
sales, less tax. The finance department will pay the Second
Party the respective contract percentage of the gross sales
determined on a monthly basis as certified by the Director
of Park and Recreation; said payment subject to not more
than 30 days delay to allow for inventory tabulation and
processing.
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 assist the Golf Professional in
the management and supervision 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 during assigned working days,
collect all green fees, electric cart rentals, driving
range charges and other charges now in force in regard to
said Corpus Christi Golf ,Center or as may hereafter be establish-
ed 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
Page -3-
without having in his possession such ticket. He shall keep
strict and accurate books of account of all green fees,'
electric cart rentals, range charges and pro -shop merchandise
sales and other charges collected by him, including club
rentals, pull cart rentals, locker rentals and club repair
charges and when required by the Golf Professional, shall
denosit all such fees, rates, charges and the cash register
receift 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 when
required by the Golf Professional, make a monthly itemized
report to the City Manager and/or Director of the Park and
Recreation Department of such collections.
Second Party agrees that he will incur no debts or
obligations on ihe credit of City in the operation of said
business, except under standard City procedures.
C. Second Party shall furnish a good and sufficient
bond in the sum of not less than Eight Thousand Dollars
($8,000), 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.
D. Second Party shall have the right to give golf
lessons and all revenue therefrom shall be the property of
second Party, however said lessons must be accounted for in
the same manner as other gross revenue from golf course
operations.
E. Second Party during assigned working days shall be
responsible for and control the activities of caddies and
other Pro -Shop help on the golf course and shall take whatever
action is necessary to insure that the caddies and other
help conduct themselves in an orderly manner. Second Party
shall insure that the conduct of all employees is satisfactory
and in keeping with the conduct required of City employees
in general.
Page -4-
Second Party shall also insure that neither he, 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.
F. The Club House food and drink concession will be
awarded through competitive bidding by the City. Second
Party shall when required by the Golf Professional, supervise
the concession operation and perform all duties and resaInsibil-
ities 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.
G. It is understood and agreed that Second Party will
be responsible for 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. -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/
$500,000 and property damage liability insurance of $20,000/
$100,000. 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.
Page -5-
J. Second Party agrees that he will make no alterations
in the Club House or Pro Shop without consent of the Golf
Professional and the Director of Park and Recreation in
writing.
K. 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.
L. 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.
M. 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.
N. 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 employees.
0. I.t 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 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
Page -6-
__locker/restroom area with the obligation upon Second Party under the direction
of the Golf Professional 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.
WITNESS the hands' of the parties hereto this the day of
1982.
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary Ernest M. Briones, Acting City Manager
"CITY"
APPROVED:
DAY OF FEBRUARY, 1982.
J. BRUCE AYCOCK, CITY ATTORNEY
By
City Attorney
APPROVED:
JAMES NEDBALEK
"SECOND PARTY"
That the foregoing ordinance was read for e first timesnd passed to its
second reading on this the /19 day of ig,a— , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for e second time and passed to its •
third reading on this the /2 -day o , 19)?2„. , by the.
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoin ordinance wasOlread for the third time and passed finally
on this the
day of 2 19P---, by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST: '
Ci Secretary
APPR9IED:
/6; DAY OF , 19&/:
J. BRUCE AYCOCK, ITY ATTORNEY
By
MAYOR
THE CITY. OF CORPUS CHRISTI, TEXAS
, 19 1.2- .