Res 016-85 2/5/1985r
RESOLUTION NO. 16-85
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN A ONE-YEAR CONTRACT WITH AN
OPTION TO RENEW FOR TWO SUCCESSIVE ONE-YEAR
PERIODS WITH GOLF PROFESSIONAL AT WEEKS PARK
GOLF COURSE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT :
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Howard Buchanan, for ser-
vices as golf professional at Weeks Park, is hereby approved,
and the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 5th day of February, 1985 .
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011K A Y O R
ATTEST :
fh-4,77?d_ ', /--
I'Zi',e,v,f,tel-2
Ci y Clerk
STATE OF TEXAS
COUNTY OF WICHITA FALLS
This Agreement made and entered into this the day of
1985, by and between the City of Wichita Falls, Texas,
hereinafter called "City" and Howard Buchanan , herein called "Professional".
WITNESSETH:
For and in consideration of the mutual covenants hereinafter contained, the
parties hereto do hereby agree as follows:
1. City does hereby contract with Howard Buchanan, as the golf
professional at the Weeks Park Golf Course, and does hereby lease to him the
facilities described in Exhibit "A", attached hereto, located in and around
the Weeks Park Golf Course for a period of one (1) year, commencing
1985, with an option to renew for two successive one-year periods and thereafter,
on a month-to-month basis.
2. The Professional shall be considered a contractor of the
City and his salary shall be $400.00 per month. It is expressly agreed and
understood by Professional and City, the Professional is an independent
contractor and shall not be eligible for any fringe benefits to which
regular City employees are entitled.
3. The Professional shall be responsible for the preparation of
the annual City budget for the Golf Division, to be submitted to the Park
and Recreation Director.
4. All employees required for the operation of the clubhouse
facility, including sales, service, and janitorial help, will be employed
and paid by the Professional and come under his direct supervision. All
employees involved in the maintenance of the course will be employed and
paid by the City.
5. The Professional shall be in charge of and responsible for the
operation of the facilities, equip went, and furnishings as described in
Exhibit "A", attached hereto, at Weeks Park Golf Course Clubhouse, and shall
maintain it in the best usable condition possible as reviewed by the Park and
Recreation Director. Professional shall perform all duties and respon-
sibilities as are required of him by tlae laws of the State of Texas, the
ordinances of the City, the current Golf Policies of the Park and Recreation
Department of the City, and the directions of the Park and Recreation
Director and the City Manager. A copy of the current Golf Policies
is attached hereto and made a part hereof as is copied in full herein.
6. The Professional shall collect for City all daily green
fees, annual permit fees, reservation fees, and tournament fees from
the operation of Weeks Park Golf Course. He shall keep an accurate
account of all daily green fees, annual permits, reservation fees, and
tournament fees, and shall turn in 100% of this revenue to the Park and
Recreation Department at its office in Memorial Auditorium on Mondays
and Fridays each week without exception.
7. The Professional shall have the right to give or cause to be
given golf lessons at no expense or loss of revenue to the City, and no
revenue received therefrom, shall be paid to the City.
8. The Professional shall own all merchandise, including but
not limited to, golf clubs, golf balls, and clothing, and will attractively
display merchandise in the pro shop at all times. The Professional shall
pay City a sum equal to five percent (5%) of the gross sales, excluding
sales tax of such merchandise. Daily cash register tapes shall be retained
by the Professional on all sales revenue and be available at any time to
City or any person designated by it. City's percentage of pro shop
revenue shall be turned in on a monthly basis to the Park and Recreation
Department, accompanied by a revenue report form which will be provided
by City, and both shall be due on or before the tenth (10th) of the
following month.
9. The Professional shall have the exclusive right to retrieve
lost golf balls from the ponds, lakes, creeks, etc. , and such retrieved
golf balls will be placed in the pro shop for sale as part of the mer-
chandise outlined in Paragraph 8.
10. The Professional shall own and maintain an adequate number
of both electric-powered and pull golf carts. On the rental of electric-
powered and pull carts, City shall receive twenty percent (20%) of each
rental per eighteen (18) holes, and said revenue percentage shall be
turned in twice weekly with green fee revenue. Adequate records and
cash register tapes shall be kept on file by the Professional on all
cart rental revenue.
11. Any private golf cart used on the course will conform to
City requirements as to tire size and type, horsepower, gear ratio, speed,
and power source. The use of private carts on the course will be charged
a fee established by the Board of Aldermen, and City shall receive one-half
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2) and the Professional one-half (z). Private cart fees are payable
twice weekly with other cart rentals.
12. The Professional shall be responsible for the operation of
the snack bar facility, either by his own operation or subleased to an
individual or firm. As a condition of this contract, the Professional
shall be solely responsible to the City for the following concession-
related activities, functions, and policies:
A. The Professional shall pay to the City a sum
of ten percent (10%) of the gross sales, excluding sales tax, from the
snack bar facility to include all sales of food, drink, confection, and
other items related to the grill operation including vending machines and
amusement games. Daily cash register tapes will be retained by the Pro-
fessional for inspection at any time by City and will be used to determine
the percentage due. Such payment for concession revenue shall be submitted _
with a report form at the same time the payment is made on the pro shop
operation.
B. If snack bar concession is subleased, Professional
will be held responsible for the quality and general public service during
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this operation. Any sublease must be approved in writing by the City, and
may be terminated for cause at any time without liability against either
the Professional or the City.
C. Approval must be secured from the Park and Recreation
Director before any additional equipment is ordered or placed in the snack
bar, to include cooking or food service equipment, amusement games, etc.
D. The Professional shall be responsible for the
operation of all equipment, including kitchen equipment, located in the
snack bar. Professional shall be responsible for all City equipment repair
or replacement costs when such repairs or replacements are required
due to negligence of Professional or one of his employees. All other
repairs or replacements shall be the responsibility of City.
E. The Professiona " shall maintain the premises and
equipment in a clean and sanitary manner at all times. The Professional
shall be subject to and must comply with all City ordinances, and state
and local health regulations for the operation of a restaurant facility.
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City will furnish all janitorial supplies such as wax, mops, brooms, paper
towels, and cleanser for use in the clubhouse. Professional must furnish
an inside cleaning service for the clubhouse. This service must be performed
by an outside company and the company will be responsible for supplying
equipment and supplies, and the Director of Parks and Recreation must
agree on the selection of the cleaning company.
F. The snack bar facility shall be maintained as
a sustained concession operation with the serving of quality food,
drinks, and supplies, and a sufficiently varied menu to attract and
hold an increasing clientele.
13. It is agreed that the Professional will take good care
of the personal and real property as described in Exhibit "A", attached
hereto, and he will deliver the property back to the City at the expiration
or other termination of this lease in the same condition as same was received,
natural wear and tear excepted. City shall be responsible for cost of all
repairs and replacements of City-owned equipment and facilities.located
on Weeks Park Golf Course unless otherwise stated in this agreement.
14. It is understood and agreed that the City Manager may at any
time, upon reasonable notice, cancel this contract because of violations
of laws, ordinances, or rules, regulations, or directions concerning
the operation of the golf course and clubhouse by the Professional, or for
any other conduct which would constitute cause for the discharge of the
Professional if he were a regular employee; in the event of such cancella-
tion, the City shall have the right, without further notice or demand, to
re-enter and take possession of all the property herein leased and remove
all persons therefrom without being liable for any claim for damages by
reason of such cancellation and resumption possession. After notice of
cancellation, City's portion of revenue must be turned in to Park and Rec-
reation office on a daily basis. In the event this contract is so cancelled
during the one (I) year primary teen, or any renal period, the City shall guarantee
the sale of, or at its option may purchase from the Professional, any usable
equipment and merchandise that he might have in use in his operation under
this contract (except golf equipment which he shows being fully paid
t
for at the cost price of same, less depreciation, computed on the straight
line method. Useful life of equipemnt shall be as determined by the City
and is conclusive upon said Professional.
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15. The Professional shall hold the City of Wichita Falls
harmless from any damages for injury to persons or property damage
caused by or arising out of the Professional 's operation of the Weeks Park Golf
Course and Clubhouse. Professional further agrees to provide City with
a Certificate of Insurance attesting to the ownership of a general liability
insurance policy, with City named as an additional insured, protecting
Professional and City from legal liability claims which might arise
out of Professional's operation of this concession, to include bodily
injury liability insurance in any combination of underlying insurance
and excess insurance which will provide a total coverage of One Million
1,000,000) Dollars combined single limit (CSL) . Fire and theft
coverage for property belonging to Professional shall be sole responsibility
of the Professional.
16. Professional shall make available for the confidential in-
spection by City Manager or his representative, a copy of his Internal Revenue
Service Income Tax Return which covers the operation of Weeks Park Golf Course
and Clubhouse within ten (10) days of annual filing date.
17. Professional must receive approval from Park and Recreation
Director at least one week prior to playing in any out of town tournament.
18. It is understood and agreed that this contract is a personal
contract, and that the same shall terminate upon the death of the Professional,
or his inability to perform the duties required hereunder. In the event this
occurs during the end of tha one year primary term hereof, the City shall pur-
chase or guarantee the sale of any usable equipment or merchandise as set
out in Paragraph 14 above. In the event that either party desires termination,
either party shall notify the other party of its desire not to exercise its
option to renew the terms of this contract at least thirty (30) days prior
to the end of any term.
IN WITNESS WHEREOF, the parites hereto have caused this Agreement
to be signed as of the day and year first written above.
A'JJEST: THE CITY OF WICHITA FALLS
CITY CLERK CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY PROFESSIONAL
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EI1IBIT A
I. The Weeks Park Golf Course and those appurtenances thereon.
Weeks Park Golf Course is approximately a 210-acre course located on Weeks
Park bounded on the east by Lake Park Drive and Sheridan Road, on the
south by Memorial Drive, and on the west by Weeks Park Lane.
II. Weeks Park Golf Course Clubhouse - 4,659 sq. ft.
A. Golf Pro Shop
B. Office
C. Club Repair and Storage
Work bench
D. Restrooms
Assorted chairs
E. Snack Bar
1. Sixteen restaurant tables
2. Sixty-four stack chairs
3. Food service line with attachments
4. Hobart three-door refrigerator
5. Manitowoc ice machine
6. Beverage-Air Reach In Box
7. Beverage-Air draft beer dispenser
8. Leitner Grill and Toastmaster deep fryer
9. Utility table
III. Cart Storage Building - 1,584 sq. ft. pre-fabricated steel
NOTE: City shall be responsible for cost of repairs and replacement of
all City-owned equipment and facilities listed above unless other-
wise stated in this contract. *City may delete any of the above
listed equipment during the term of this contract without replace-
ment, if equipment is no longer deemed necessary to the operation
of the course. In addition, the equipment inventory may be increased
if deemed necessary by City and Professional.
PARKS AND RECREATION DEPARTMENT
Golf Policies
1. The Golf Professional is responsible for rule interpretation and enforcement
of play and the operation and maintenance of the Clubhouse facilities at Weeks
Park Golf Course.
2. Each player must register in the pro shop before play begins.
3. Each player must have a bag of clubs and possess a dated green fee receipt
or an annual permit while playing.
4. Only golf shoes and smooth-soled shoes will be allowed on golf course and
putting greens.
5. Players must wear a shirt at all times.
6. Golf Pro is responsible for orderly flow of play.
7. Practice is prohibited from tees, fairways, and traps on regular greens.
8. Damage to greens or golf course, intentionally or in a fit of anger, is
punishable by fine. (Description of Public Property)
9. Do not throw bottles, cans, or trash on golf course-please use receptacles.
10. The first round of play will not begin on #10 tee without permission from
Starter or Pro.
11. Golf Pro will control play at all times, including number of.players per group.
12. Snack bar will close at the discretion of the golf pro.
13. All green fees will be set by the Wichita Falls City Council.
14. Tee reservations may be made no more than one week prior to play. Reservation
fee will be paid when time is reserved - no phone calls accepted.
15. During the inclement weather, Golf Pro will determine if course is playable.
16. All tournaments with fifty or more players must be approved annually and
formally requested at least thirty days prior to the tournament by letter to the
Director of Parks and Recreation. Request must include number of players and tee
times. A rental contract must be signed in the Parks and Recreation Office prior
to the tournament. All tournaments with less than fifty players may be approved .
by the Golf Pro.
17. The following tournaments shall pay the $3.50 tournament fee for each day of
play: Mens' Texas-Oklahoma, Men's Partnership, Ladies Club Championship, and
Ladies Invitational. (The only exception to the tournament fee shall be the T.O.
Junior tournament, which is exempted from charge. ) Any other tournaments will
pay the regular green fee and will be scheduled by the Golf Pro. Alternate tee
times will be available to the public during these other tournaments.
18. All food and drink must be sold by the Pro during a tournament. No food or
drink shall be served free of charge to players, except to the entrants of the
T.O. Junior Tournament.
19. Any person violating a rule of the courseiay be subject to removal from
the premises.
20. Participants of the W.F.I.S.D. high school golf teams and the MSU golf team,
accompanied by their coach, will be allowed to use the course free of charge on
weekday afternoons during the school year, after the team coach has submitted a
schedule and team roster to the Golf Pro at the beginning of the school }ear.
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