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Res 2491 4/1/1980n 1 RESOLUTION NO. ae. RESOLUTION APPROVING CONTRACT WITH JOE COLLINS FOR WEEKS PARK GOLF PROFESSIONAL. BE IT RESOLVED BY THE BOARD OF ALDERMEN 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 Joe Collins, for services as Weeks Park Golf Professional, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 1st day of April, 1980. M A Y O R ATTEST: 4/ f ' City Clerk 24,y/ THE STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT made and entered into this the 1st day of April , 1980 , by and between the City of Wichita Falls , Texas hereinafter called "City" , and JOE COLLINS hereinafter 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 employ JOE COLLINS as the golf professional at the Weeks Park Golf Course , and does hereby lease to him the golf pro shop , the grill and snack bar , and locker rooms located in the Weeks Park Golf Clubhouse, for a period of three years , commencing April 1 , 1980 , and thereafter on a month to month basis . 2 . The Professional shall be considered a regular City employee, and his salary shall be in the Open Range, at a salary of 400. 00 per month for the term of this contract. All other employees for the operation within the clubhouse , including sales and service personnel and janitorial help , will be paid by the professional and will not be employees of the City . 3 . The Professional shall be in charge of and responsible for the maintenance and operation of the Weeks Park Golf Course. He shall also be in charge of and responsible for the operation of the golf pro shop , the grill and snack bar, the locker rooms , and all walks , drives , and patios around the golf course clubhouse. He 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 , and the directions of the City Manager and the Director of Parks and Recreation. 4. The Professional shall collect for the City all green fees for play on the Weeks Park Golf Course . All green fees collected will be kept in a cash register provided therefor , and no other money will be kept in such register. He shall keep an accurate account of all green fees collected , and shall deposit all green fees with the Parks and Recreation Department of the City on Monday and Friday of each week. All signed tickets will accompany the cash receipts . 5. The Professional shall have the right to give or cause to be given golf lessons at his own expense , and all revenue received therefrom shall be the property of the Professional . 6. The Professional shall have the right to sell golf mer- chandise in the pro shop. The Professional shall pay the City a sum equal to five percent (5%) of the gross sales of such merchandise. Daily cash register tapes will be turned in to the Parks and Recreation Department at the end of each month to determine the percentage due the City. Such payment for each month shall be due on or before the tenth (10th) of the following month. 7 . The Professional will be in charge of the rental of caddy pull) carts and golf carts . The Professional may either own the carts or sublease the operation of carts , but he will be held responsible for the records , receipts and supervision of the use of carts on the course. Any sublease must be approved by the City , and any sublease may be terminated for cause at any time without liability. On the rental of caddy (pull) carts , City will receive twenty percent 20%) of each rental per eighteen (18) holes . On golf cart rentals , City will receive twenty percent (20%) of each cart rental for each eighteen (18) holes . Adequate daily records and register will be kept on each cart rental. 8 . Any private golf cart used on the course will conform to Parks Department requirements as to tire size and type , horsepower , gear ratio , speed and muffler . The use of private carts on the course will be charged at one-half the regular cart rate per eighteen holes of which the City will receive two-thirds (2/3) and the Professional one-third (1/3) . 9 . The Professional shall pay to the City a sum equal to ten percent (l0%) of the gross sales in the grill and snack bar , which includes all sales of food , drink, confection and other itmes within the realm of grill operation , including vending machine items . Daily cash register tapes will be turned in to the Parks and Recreation Department at the end of each month to determine the percentage due the City . Such payment for each month shall be due on or before the tenth (10th) day of the following month. The operation of the grill and snack bar may be sublet , but the Professional will be held responsible 2- for this operation, as to quality , volume, and general public service. Any sublease must be approved in writing by the City , and any sublease may be terminated for cause at any time without liability against either the Professional or the City. 10. The Professional shall keep accurate and correct books on the operation of his business , and such books shall be open for in- spection by the City or any person designated by him. A bookkeeping system will be provided by the Accounting Department and shall be under their control, which procedures will be instituted by and through the Director of Parks and Recreation. 11. The City will furnish janitorial supplies such as wax, mops , brooms , and cleanser , for use in the golf clubhouse. 12. Golf club storage service shall be optional with the Professional. He may , at his own expense , conduct golf club storage in the storeroom provided. The City will receive no revenue from this operation. 13 . No monthly nor annual lockers will be provided . However , if a coin operated type is provided by the City for the convenience of the golfing public , these lockers would be of, the type to hold clothes and valuables but not of sufficient size to hold a set of golf clubs. The City would receive all proceeds from this operation. 14 . It is agreed that the Professional will take good care of the personal property and real property hereby leased to him, 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. 15. The Professional will make no alterations in the building hereby leased without the written consent of the City Manager or the Director of Parks and Recreation. 16 . It is understood and agreed that the City Manager may at any time 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 as a City employee; in the event of such cancellation, the City shall have the right , without further notice or demand , to re-enter and take 3- 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. In the event said contract is so cancelled during the three year primary term thereof , 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 for golf equipment) which he shows being fully paid for at the cost price of same , less depreciation. 17 . The Professional shall hold the City of Wichita Falls harm- less from any damages for injury to persons or property damage caused by or arising out of the Professional ' s operation of the golf course 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 the amount of not less than one hundred thousand ($100 , 000. 00) dollars per person and three hundred thousand ($300 , 000. 00) dollars per occurrence and property damage liability insurance in the amount of not less than fifty thousand ($50,000. 00) dollars per occurrence. Fire and theft coverage for property belonging to Professional shall be the sole responsbility of Professional. 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 three year primary term hereof , the City shall purchase or guarantee the sale of any usable equipment or merchandise as set out in Paragraph 16 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first written above. ATTEST : THE CITY OF WICHITA FALLS 93j2d CITY CLERK CITY MANAGE . APPROVED AS TO FORM:1 441101 / 7 n PROFESSIONAL CIT ATTO: '"ty 4-