Res 115-2015 11/17/2015
Resolution No. _115-2015_
Resolution authorizing the City Manager to execute a contract
renewal with A-Perm-O-Green, Inc. (APG) for Management of The
Champions Course at Weeks Park for an additional five year term
WHEREAS, the City has contracted with A-Perm-O-Green, Inc. (APG, Inc. or
APG) for management of the Champions Course at Weeks Park since August 2008 ;
and,
WHEREAS, the existing contract expired September 30, 2015; and,
WHEREAS, City Council finds that cost effectiveness, management continuity,
and marketing consistency warrant the continued use of APG to manage the
Champions Course on behalf of the City; and ,
WHEREAS, the City Council and APG desire to extend this agreement for an
additional five-year term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the attached Agreement with
APG for management of the Champions Course at Weeks Park for an additional five-
year term, a copy of which i s attached hereto, and made a part of this resolution with
such changes as are approved by the City Attorney.
PASSED AND APPROVED this the 17th day of November, 2015.
______________________________
M A Y O R
ATTEST:
_______________________________
City Clerk
WICHITA FALLS MUNICIPAL GOLF COURSE (WEEKS PARK) AND PRO SHOP AND CLUBHOUSE
INCLUDING COURSE MAINTENANCE, MANAGEMENT SERVICES AGREEMENT
For and in consideration of the covenants and agreements contained herein, and in order to obtain
the mutual benefits provided herein, this agreement is made and entered by and between the CITY OF
WICHITA FALLS, TEXAS, a home-rule municipality (hereinafter referred to as the “City”) and A-Perm-
O-Green, Inc., (hereinafter collectively referred to as the “Contractor ”).
Article I. Grant and Term
(A) Grant. City hereby retains Contractor to operate and manage the Wichita Falls Municipal Golf
Course (Currently knows as The Champions Course at Weeks Park an d referred to as “Golf Course”) and
Pro Shop and Clubhouse (hereinafter collectively referred to as the “Pro Shop”) located at 4400 Lake
Park Drive, Wichita Falls, Texas, and to serve as General Manager for the Wichita Falls Municipal Golf
Course including the collection of payments for golf play (“green fees”), tournament pavilion rental fees,
golf cart rental fees, and other fees and revenues generated from the operation of the Golf Course.
Contractor covenants and agrees to utilize its professional skills and abilities to operate and manage the
Golf Course and Pro Shop in accordance with the terms and conditions hereinafter provided and set forth.
(B) Reporting Structure. Contractor shall report to the City Manager or a designated representative of
the City Manager.
(C) Initial Term. The initial term of this Agreement shall be for the period commencing on October 1,
2015 (“Start Date”) and ending on September 30, 2020. Either party may annually terminate this contract
early with or without cause by written notice to Contractor on or before June 1st of any year, with such
termination becoming effective on September 30th of that same year.
(D) Renewal Term. Thereafter, the Agreement shall be extended for consecutive one-year periods, unless
either party gives written notice terminating the Agreement not less than one hundred twenty (120) days
prior to the expiration of the Initial Term, or any subsequent term, as the case may be.
Article II. Scope of Contractor Services and Duties
(A) Management Services. Contractor shall provide all professional services necessary to operate the
Golf Course including, without limitation, the planning, coordination, supervision, and management of all
aspects of Golf Course maintenance and operations. Contractor shall operate and manage the Golf
Course in a manner comparable to courses listed in Golf Digest‟s ranking of 18 hole public golf courses
with a three star rating.
(B) Golf Carts. The City shall lease or purchase from a vendor golf carts for rent by players at the Golf
Course in sufficient numbers to meet anticipated player needs including such spare parts, extra batteries,
additional tires, and other equipment necessary to keep such carts in proper operating condition.
Contractor shall be respons ible for all maintenance of these carts and shall maintain them in proper
operating condition. The carts shall be cleaned and maintained on a daily or other regular basis consistent
with the season and player demand.
(C) Supplies. Contractor is responsible for all operating supplies, including office supplies, maintenance
supplies (including seed, sod, fertilizer, etc.), and janitorial supplies, necessary for the operation of the
facility. “Facility” for the purposes of this contract, shall include th e Golf Course, clubhouse, and all
other buildings contained on the Golf Course property. Expenses associated with the provision of these
supplies are to be reimbursed in accordance with Article 6, Section B.
(D) Personnel. Contractor will provide such personnel as may be necessary to staff the Pro Shop, Golf
Course Maintenance, Food and Beverage Operations, Driving Range, and Golf Cart Operations. The
personnel shall display at all times customer service through courtesy, prompt service, and knowledge of
business. Contractor shall employ or contract for no less than one head golf professional and one assistant
golf professional, consisting of persons who have obtained or who are attempting to obtain certification
from the Professional Golf Association of America, and a General Manager who may or may not also
serve as the Head Professional, to be the onsite manager for the Contractor. In the event that the General
Manager is also serving as Head Professional, Contractor shall have at least one assistant golf
professional on staff at the Golf Course. Contractor shall employ or contract for a qualified and
experienced golf course Superintendent. Expenses associated with the provision of these personnel are to
be reimbursed in accordance with Article 6, Section B.
City will notify Contractor, in writing, of any problem or concerns it may have with any Contractor
employee and Contractor will conduct an immediate investigation. Contractor will then take appropriate
action in response. Contractor will provide a written, timely report to the City indicating the outcome of
the investigation, and any actions taken. Contractor agrees that all personnel handling cash or accounting
records shall have a criminal background check conducted prior to their assuming those duties.
(E) Comp Rounds. Contractor may waive greens fees for members of the Professional Golf Association,
the Golf Course Superintendent Association, the local public high schools, or for other City sanctioned
events in order to promote the Golf Course and the good will of Contractor and the City. Contractor
shall keep records of the names and numbers of players for whom greens fees were waived and the
purpose of such waiver. City may review those records to ensure that such waivers are not excessive and
are related to the promotion of the Golf Course.
(F) Hours of Operation. The parties agree the Pro Shop will remain open to the public at all times when
the Golf Course is open for play. The Golf Course will be open every day, although it may be closed on
December 25th or other dates with adequate notice to the public and with prior approval of the City. The
hours of operation for the Golf Course shall begin at sunrise and end after sunset, unless inclement
weather prohibits the reasonable use of the Golf Course; provided, however, the opening of the Golf
Course may be delayed on Mondays until 11:30 A.M. to allow for maintenance and upkeep of the Golf
Course. The Pro Shop and food and beverage operations may remain open for longer hours , at the
Contractor‟s discretion. Service of alcoholic beverages are subject to rules and regulations of the Texas
Alcoholic Beverage Commission.
(G) Equipment Rental. Contractor, at his expense, shall have the exclusive right and make available for
rental by the public such golf clubs, bags, and pull carts as may be necessary. Contractor shall be
responsible for all maintenance and replacement of these items, and agrees to keep the same clean and in
good and safe operating function at all times. All such proceeds from the rental of this equipment shall be
retained by Contractor.
(H) Pro Shop Merchandise. Contractor shall make available for purchase by the public at the Pro Shop
a variety of golf-related supplies and equipment including clubs, bags, gloves, shoes, balls, clothing and
other such items. Contractor will maintain an inventory of such merchandise having a wholesale value of
not less than $15,000. The merchandise will reflect the demographics of the clientele of the Golf Course,
including having a suitable selection of soft and hard goods for women golfers . The cost of goods sold
shall be the Contractor‟s sole responsibility, and proceeds from the sale of Pro Shop Merchandise shall be
retained by Contractor. Contractor shall provide pencils and scorecards at no cost to customers, with such
costs to be reimbursed by the City in accordance with Article 6, Section B.
(I) Repair and Maintenance. Contractor shall recommend and make available to the public reliable
sources for golf club repair and equipment maintenance services.
(J) Teaching Program. Contractor will offer on a continuing basis a comprehensive teaching program
including private lessons, group lessons and clinics to members of the public. Contractor may collaborate
with Parks and Recreation Department to offer and promote golf programs, particularly for youth. Such
teaching programs shall be adequate to meet the demands of the public and offered by trained and
qualified golf instructors. All expenses of the teaching programs shall be reimbursed by the City in
accordance with Article 6, Section B, but proceeds from the Teaching Program shall be retained by
Contractor.
(K) Golf Course Marketing/Promotion and Programs. Contractor will implement marketing and
promotional programs and conduct activities at Contractors‟ expense to promote public interest in the
game of golf and to promote use and enjoyment of Weeks Park Golf Course.
The annual marketing program is subject to the following conditions:
(1) Contractor agrees to promote Weeks Park Golf Course by providing and updating a Weeks Park
Website with current program/activities and other informational content. This website should
be consistent with or better than those maintained by comparable courses in the Region,
including the Dallas-Ft. Worth market. The website will contain at a minimum:
a. Current Fees, including green fees, specials, cart fees, range fees and annual passes
b. Replica of current scorecard
c. Layout of course
d. Pictures of the facility
e. Facility history and description
f. Contact information
g. Place to sign up for emails
h. Directions to the facility
(2) City shall have the right to approve of all advertising used in promotion of Weeks Park Golf
Course. However, such approval shall not be unreasonably withheld.
(3) Contractor shall spend no less than $10,000 towards advertising and promotions on an annual
basis. This amount shall be reimbursed by the City in accordance with Article 6, Section B.
(L) Marshaling and Starter Services. Contractor will provide marshaling and starter service at the Golf
Course to meet the course demands. The City encourages the development and use of a “play for pay”
program to staff the marshaling and starter programs.
(M) Concessions. Contractor is obligated to provide and operate food and beverage concessions to the
public on the Pro Shop and Golf Course premises, including acquisition and maintenance of the necessary
Texas Alcoholic Beverage Commission licenses and/or permits sufficient to offer a variety of alcoholic
beverages at the Facility. Contractor shall provide a diverse menu of food choices consistent with the
capability of the food service equipment at the club house facilities. All proceeds from the food and
beverage concessions shall be retained by Contractor. Expenses of the food and beverage concessions are
NOT reimbursable by the City. With respect to the food and beverage concessions, the City is merely a
licensor pursuant to this contract, and does not control the licensing, safety, reporting, or any other aspect
of providing food or beverages to the public. This contract does not waive or otherwise affect the
regulatory authority of the City to inspect the food and beverage operations to ensure proper permitting
and compliance with ordinances designed to protect the health of the public. Expenses of maintenance
and repair of fixtures to the real property and kitchen equipment owned by the City necessary to maintain
the concessions shall not be considered to be subject to the maximum expenditure limit.
(N) “Lost” Golf Balls. Contractor shall have the exclusive right to retrieve “lost” golf balls from the
ponds, and to reuse or sell those balls. The proceeds from the sale of these balls shall be considered as
part of “merchandise sales” (Article 2, Section H) for the purpose of this contract.
(O) City shall lease or purchase maintenance equipment necessary to maintain the Course in conditions to
the quality of 18 hole public golf courses rated as 3 stars by Golf Digest and to meet the performance
standards listed in Exhibit B and C. Such equipment should be similar to the type, quantity, and quality
to the equipment listing in Exhibit D. The cost of the lease shall be reimbursed by the City in accordance
with Article 6, Section B. The Contractor and the City may a gree to purchase such equipment, under
terms mutually agreed to by both parties.
(P) Annual Maintenance Program Report. At the City‟s written request, Contractor is to prepare an
annual golf course maintenance program report. Each such report shall be due within 60 days following
the City‟s request therefore, but Contractor shall not be required to prepare such a report more than once
in any 12 month period. Each report shall consist of three parts:
(1) General Cultural and Agronomic Practices: This section details the normal
agronomic/cultural practices including mowing, fertilization, aerification schedules, top
dressing, pest and weed control, etc.
(2) Manpower: This section will detail the anticipated manpower requirements including
staff positions and anticipated hours.
(3) Budget: This section will detail the budget for the course maintenance department,
including the two sections outlined above.
(Q) Operational Performance Standards. Contractor agrees to operate the facility in accordance with
the performance standards as shown in Exhibits “B and C”.
Article III Capital Improvements
(A) City shall be responsible for Capital Improvements to the Golf Course. Capital Improvements
are defined in this agreement as improvements to the real property of the golf course, that are
tangible in nature, with a useful life expectancy greater than one year, and a value exceeding
$5,000. Some examples of Capital Improvements include, but are not limited to, cart path
construction, bridge construction/repair, bathroom construction, and major irrigation system
expansion/repair. Prior to June 1 st of each year of this agreement, Contractor shall provide a
written request to the City for Capital Improvements to the Golf Course. City shall at its sole
discretion determine if the Capital Improvements requested by the Contractor are to be approved
and completed by the City or by the Contractor. City also has the sole right to make Capital
Improvements to the golf course that it deems necessary. However, if the improvements
infringe on the playability of the golf course, City and Contractor will discuss the improvements
and determine a date, time, and method of construction for the improvements to minimize the
impact to the playing public. The cost of Capital Improvements wi ll be paid for by the City.
Article IV. Performance Review
(A) Performance Review. City shall have the right to perform a quarterly performance review of all
aspects of the Weeks Park operation. This review may be conducted by a third party consultant who has a
demonstrated record in performing golf course operational reviews. These reviews may include onsite
inspection of the property and services as well as an informal audit of the financial records and a review
of the marketing program. This review is expected to focus mostly on progress made since the previous
review, but can cover any and all aspects of the operation and/or terms of this agreement.
On a quarterly basis, the City may administer a written survey of customers at Weeks Park. The survey
shall be administered only to customers at the Facility.
The City will prepare a report noting both positives and negatives of the Facilities operations. The report
will note those areas where the City feels the operation is deficient as a result of Contractor‟s action or
inaction. It will also make recommendations for improved performance. Based on this report, the City
may submit to the Contractor a list of deficiencies that it feels needs to be corrected and a reasonable
timetable for making these corrections. Deficiencies shall be divided into two categories: Major and
Minor. For purposes of this section, a Major Deficiency shall include material breeches in the
performance of this agreement, including, but not limited to failures of financial reporting or remittance,
health and safety issues, or significant turf loss. All non- major deficiencies will be deemed Minor
Deficiencies. The list of noted deficiencies shall be presented to Contractor in writing (Notice of
Deficiencies). Contractor shall have thirty (30) days from the date on the “Notice of Deficiencies” to
remedy the deficiencies or make significant progress in remedying the deficiencies.
(B) Personnel Concerns. City will notify Contractor of any problem or concerns it may ha ve with any
Contractor employee and Contractor will conduct an immediate investigation. Contractor will then take
appropriate action in response. Contractor will provide a timely report to the City indicating the outcome
of the investigation, and any actions taken.
Article V. Inspection of Contract Premises, Assets, and Equipment
By executing this Agreement, Contractor certifies that he has inspected the premises, supplies, and
equipment related to this Agreement, that he has found them to be in goo d and acceptable condition, and
that he accepts them in their present condition. Contractor agrees that upon termination of this Agreement
he will return and deliver to the City all property belonging to City in as good condition as he received
said property, normal wear and tear excepted. No alterations or improvements shall be made to the
Facilities without receiving prior written approval of the City.
(A) Contractor agrees to:
Accept the premises in their present condition “AS IS”, the premises being currently
suitable for Contractor‟s intended use.
Keep the entire premises including the Pro-shop, Restrooms including those located on
the Golf Course, Cart Operations Building, Course Maintenance Building, Pavilion and
Patio area in an acceptable condition at all times.
To minimize damage and waste, Contractor shall immediately report to City all items that
need repair at the premises that exceed minor repair as outlined below.
Provide all necessary maintenance services including but not limited to: pest control,
janitorial, window washing and landscaping.
Take good care of the premises and its fixtures and suffer no waste.
Maintain all existing kitchen equipment as recommended by the manufacturer.
Return premises and any City owned equipment at the end of the contract period to City
in current condition, normal wear excepted.
(B) City agrees to:
Maintain, repair, and replace the roof, foundation and exterior walls of the premises.
Maintain all existing mechanical equipment as recommended by the ma nufacturer
(HVAC, plumbing, electrical).
(C) Maintenance. Except as otherwise provided herein, Contractor agrees to properly maintain the
equipment covered under this Article so that each piece is kept in good operating condition.
Equipment is to be kept clean and serviced regularly. City shall have the right to inspect the
equipment without prior notice to insure that the equipment is being properly cared for. If, in the
opinion of City inspectors, the equipment is not being maintained properly, a written notice to that
effect shall be given to the Contractor, along with a detailed list of deficiencies. Contractor shall then
have 45 working days from the delivery of said notice to correct these deficiencies and to bring the
equipment back to proper working order. If at the end of that period, the deficiencies have not been
corrected to the City‟s satisfaction, the City shall have the option of terminating the agreement with
only a thirty day written notice. Expenses of maintaining the equipment are to be reimbursed in
accordance with Article 6, Section B.
Article VI. Fees/Revenues Records
(A) Right to Set Fees and Charges. The City and the Contractor shall plan, develop, implement and
revise maximum rates and charges for use of the Facility. Jointly, the City Manager (or his designee) and
Contractor will establish maximum rates for the following:
1. Green fees (to include as appropriate weekday, weekend, prime, twilight, super twilight, senior, junior,
military, 9-hole and 18-hole play).
2. Annual passes or other frequent-user pricing.
3. Cart fees (9-hole and 18-hole play).
4. Ball rental on the driving range.
Any and all rates, fees, charges and structures not listed above shall be set at the sole discretion of the
Contractor.
The maximum rates of the items above shall be jointly set and in place. Thereafter, the Contractor has
the sole right to adjust fees up to the maximum set for each category. Contractor may not exceed the
maximum without written approval from the City Manager (or his des ignee).
(B) Management Fee and Expense Reimbursement. In exchange for the services described above, the
City will pay Contractor a management fee of $130,000 per year, and reimburse the Contractor for all
expenses except the cost of goods sold for Pro Shop Merchandise and all expenses associated with
Food and Beverage.
The management fee will be paid in equal installments of $10,833.33 per month due and payable within 5
days after the City‟s receipt of the Contractor‟s detailed expenditure report. T he City shall also make the
expense reimbursement payment to Contractor within 5 days after the City‟s receipt of the Contractor‟s
detailed expenditure report.
The Contractor has the exclusive right to retain all revenues associated with merchandise sal es, food and
beverage sales, lesson fees and golf balls retrieved from the course. In addition, on or before December 1
of each year, the City will pay the contractor an amount equal to one half (50%) of all net income
(calculated as shown below) generated from green fees, annual passes (or other frequent-user pricing),
cart fees (9-hole and 18-hole play), and ball rental on the driving range during the 12 month period ending
the preceding September 30. An example of the computation described above is as follows:
Computation Example
Revenues (to be collected by Contractor and transferred to City):
Green Fees - $ 611,560
Cart Fees - $ 285,000
Range Fees - $ 103,440
$1,000,000 – Income
Expenses(to be reimbursed to Contractor):
Personnel - $ 376,000
Payroll Taxes - $ 44,064
Advertising - $ 25,000
Chemicals - $ 48,000
Equipment Maintenance and Repair - $ 49,796
Supplies - $ 4,200
Course Maintenance and Repair - $ 6,600
Equipment Rental - $ 9,600
Landscaping - $ 13,000
Office Equipment Maintenance and Repair - $ 3,600
Computer Equipment Maintenance and Repair - $ 8,000
Telephone - $ 4,000
Natural Gas - $ 1,000
Sanitation Services - $ 7,500
Copier Lease - $ 890
Computer Software Services - $ 5,000
Motor Vehicle Fuel - $ 14,000
Electricity - $ 64,000
Golf Cart Lease - $ 48,000
Management Fee - $ 130,000
Maintenance Equipment Lease - $ 50,000
$ 912,250 Expenses
$ 87,750 Net Income
Total Amount Retained by City of Wichita Falls - $43,875
Total Amount Paid to A.P.G.L. - $43,875
Actual expenditures are expected to vary from the numbers described above.
(C) Limitation of Reimbursement of Expenditures. It is projected that the City‟s responsibility to
reimburse the Contractor for expenditures listed in Article 6, Section B (above) excluding capital
improvements, will total approximately $900,000 annually. In no case shall the City„s reimbursement
responsibility to the Contractor exceed 10% more than the expected total annual operating expenditures
(or $990,000) without the City‟s prior written consent. In the event that the Contractor exceeds the
projected annual operating budget, plus 10% ($990,000) without the City‟s prior written consent, each
additional dollar spent will be deducted from the City‟s management fee to the Contractor. The annual
operating expenditure budget and the maximum amount subject to reimbursement by the City may be
amended from time to time only by the written agreement of the City and Contractor.
Notwithstanding the foregoing, expenses directly attributable to the operation of the Facility which are
paid directly by the City (rather than reimbursed to the Contractor), such as golf cart and maintenance
equipment lease payments and utilities other than water and sewer, shall be included in the operating
expense budget and subject to the maximum amount subject to reimbursement by the City as set forth
above.
The Contractor‟s performance will be evaluated on the basis of comparisons to similar courses and the
performance standards listed Exhibits B and C. The Contractor is expected to spend the amount
necessary to provide the quality of similar 3 star public courses, and to meet or exceed the performance
standards listed in Exhibits B and C
(D) Collection of Revenues. Contractor agrees that collection of green fees, cart rentals , and driving
range revenue shall be run through the Pro Shop cash registers.
On the 20th day of each month, Contractor shall provide City with:
(1) a report of revenue received in the previous calendar month on a City-prescribed form, and
(2) a remittance of all revenue received from green fees, cart rentals and driving range fees in the
previous calendar month
Contractor shall maintain full and separate books and records for the purpose of reporting activities
related to Contractor operations of Pr o Shop, Food and Beverage Operations, Driving Range and Golf
Cart Operations. Contractor agrees to maintain complete records of sales receipts and inventory
regarding operations at the Golf Course premises, all in accordance with normal golf course accounting
principles. Contractor agrees that the City may prescribe the form of records to be kept by the Contractor
in accordance with this provision. On an annual basis the City and Contractor may engage a certified
public accountant to conduct an audit. The cost of the audit will be paid for by the City.
Contractor agrees that the City or its agents shall have the right to audit the books and records required to
be made and preserved by Contractor. Contractor shall make those books and records availab le to the City
during normal business hours and agrees to otherwise provide to the City upon request the full disclosure
of all financial information relating to Contractor‟s operations or Contractor‟s performance under this
Agreement within five (5) days of written request by City. These records shall be maintained for a period
of four (4) years from the date they were created. If such audit shows a deficiency in percentage payments
owed City in an amount of at least five percent, the costs of audit for an y period covered shall be split
evenly between the City and the Contractor. Contractor shall always be responsible for any deficiency
payment owed.
(E) Trade-outs. It is understood by both City and Contractor that there will be no trade-outs of green fees,
cart fees, or other golf course or clubhouse revenues, goods or services without the consent of both
parties. It is understood by both parties that unauthorized trade-outs will be considered as theft and are
subject to prosecution.
(F) Payments to City. All amounts due to the City under this Agreement shall be remitted by check on a
monthly basis as set forth above and accompanied by such reports as the City may reasonably require. In
the event there is an overpayment to the City in a given month, based on the reconciliation of actual
revenues to those used in the interim calculation, such overpayment will be factored into the calculation
of the amounts to be paid to the City in the subsequent month (or as soon as possible thereafter.
(G) Sales Tax. Contractor shall collect and pay all sales, use, alcoholic beverage and similar taxes on
taxable goods and services sold under this Agreement for items which the Contractor retains revenue.
Contractor shall pay and discharge all franchise taxes and a ll gross receipts taxes with regard to
Contractor‟s business and all personal property taxes assessed against personal property belonging to
Contractor that is used in connection with Contractor‟s performance under this Agreement. Contractor
shall collect and City shall pay all sales tax associated with items which the City retains revenue.
(H) Right to random checks. The City shall have the right to randomly inspect receipts from customers.
Article VII intentionally omitted
Article VIII. Maintenance
(A) Payment of Building and Facility Utilities. City shall be responsible for the payment on all utilities
in connection with the operation of the Facility, including Pro Shop, Pavilion, Golf Cart Operations
Facility, Golf Course Maintenance, and Maintenance Facility including electricity, long distance phone
system, security system monitoring fees, satellite or cable fees, gas, sewer, fuel, solid waste and water ,
but these expenses (except water and sewer) are included in the annual expense budget calculation.
Contractor agrees that all such utility and other services shall be used or consumed only in connection
with the operation of the Golf Course and in a manner consistent with good business practices and City
policies. City is to supply water for irrigation and sewer services free of charge.
(B) Maintenance of Golf Courses Facilities. Contractor agrees to maintain the Golf Course to the
maintenance standards found in 18 hole public golf courses with 3 star ratings as rated by Golf Digest. .
The maintenance practices are to be such that not only will the current appearance be comparable to those
3 star courses, but that the long-term asset value is protected.
(C) Agronomist Review. City shall have the right to conduct quarterly inspecti ons by an agronomist of
the course condition and maintenance standards. The agronomist‟s report will be included in the
quarterly review indicated in Article IV.
(D) Irrigation System. Contractor agrees to keep the irrigation system, including pump, pu mp house, all
piping and sprinkler heads, and radio controls in good operating condition. City is responsible for all
repairs, supplies and maintenance to the irrigation system, including the radio license. Contractor agrees
to properly maintain the irrigation equipment so that each piece is kept in good operating condition.
Equipment is to be kept clean and serviced regularly. Notwithstanding the foregoing, the City and the
Contractor acknowledge that there are defective part warranty claims with respect to the cast iron 90
degree joints used in the irrigation system. As a result, the costs incurred in repairing and/or replacing
such joints shall be paid by the City and/or its vendor and shall not be included in the annual operating
expense budget for the Facility.
Article IX. Independent Status/Indemnification/Insurance
(A) Independent Status of Contractor: It is understood and agreed by the parties that Contractor shall act
and perform as an independent contractor in all aspects, and its employees shall not be considered
employees of the City. Contractor further agrees that it will pay all bills or statements relating to operation
of the Golf Course and for which it is responsible in a prompt and timely manner.
(B) Indemnification. Contractor agrees to indemnify, defend and hold harmless the City of Wichita
Falls, Texas and all of its present, future and former agents, employees, officials and representatives in
their official, individual and representative capacities “Indemnified Party”) fro m and against any and all
Liability created by, arising from, or in any manner relating to services performed or goods provided by
Contractor. As used herein, the term “Liability” includes, but is not limited to, any and all claims,
demands, causes of action, judgments, liens and expenses (including attorney‟s fees, whether contractual
or statutory), costs and damages (whether common law or statutory, and whether actual, punitive,
consequential or incidental), or any conceivable character, due to or arisin g from injuries to persons
(including death) or to property (both real and personal). The indemnity provided herein expressly
includes any liability arising through the doctrine of products liability. Contractor will vigorously
defend any Liability, even those allegedly caused by the negligence or other fault of any
Indemnified Party.
In any case, the Contractor will not be responsible for indemnification in any amount exceeding the
applicable prescribed insurance limits contained herein.
If at any point after a claim has been filed the City determines that there is a conflict of interest between it
and the Contractor, the City may request that it be represented by separate counsel. The expenses of such
counsel will be subject to the indemnification provision set out above.
(C) Insurance and Certificates of Insurance. Without limiting any of the other obligations or abilities of
the Contractor, the Contractor shall, during the term of the Agreement, purchase and maintain the herein
as stipulated minimum insurance with companies duly licensed to write business in the state of Texas.
The carrier shall be rated A- or better by A.M. Best. The City of Wichita Falls shall be named as an
additional insured on all required policies except Workers‟ Compensati on. Valid Certificates of Insurance
for each policy covering the Contractor and Subcontractors, together with a statement by the issuing
company that said policies shall not be cancelled without thirty (30) days prior notice being given the
City.
All policies of insurance shall be written with a company or companies approved by the Texas
Department of Insurance to transact business in the State of Texas and acceptable to the City whose
acceptance will not be unreasonably withheld. Contractor agrees to p rovide the City with certificates of
insurance evidencing the required insurance coverage‟s and shall provide the City with certificates of
current coverage upon the expiration or renewal of any insurance coverage. Upon each renewal of this
Agreement, the City reserves the right to amend the foregoing insurance requirements or to require
additional coverage‟s and amounts as may be determined necessary by the City.
(1) Worker‟s Compensation Insurance:
(a) Worker‟s compensation coverage (or equivalent) shall be ma intained for not less than the
Texas Statutory Limits.
(b) The policy shall contain a waiver of subrogation in favor of City of Wichita Falls.
(c) The policy shall contain requirements that the City be given not less than thirty (30) days‟
notice of cancellation, non-renewal or material change.
The City shall be responsible for providing workers‟ compensation insurance or similar coverage for
all of the City‟s employees assigned to Weeks Park Golf Course and Contractor shall have no liability
for worker‟s compensation claims of such type unless otherwise provided by law (for instance,
through subrogation).
(2) Commercial General (Public) Liability Insurance. Shall include coverage for Premises/Operations,
Products/Completed Operations, Independent Contractors, Personal Injury and Contractual Liability
insuring the indemnity provision contained in this Agreement:
(a) Bodily injury limit of $250,000 per person and $500,000 per occurrence.
(b) Property damage limit of $25,000 per occurrence.
(c) Aggregate limit of $1,000,000
(d) Personal & Advertising Injury of $500,000
(e) The City of Wichita Falls shall be listed as an additional insured
(f) The policy shall contain requirements that the City be given not less than thirty (30) days‟
notice of cancellation, non-renewal, or material change.
(g) Coverage for the City of Wichita Falls shall also be provided to cover fixed assets and should
be written at least as broad as “Special Form” providing coverage for risks of direct physical
losses, including theft.
(h) Contractor‟s insurance shall be prima ry and shall be endorsed to provide a waiver of
subrogation in favor of the City. The commercial General Liability Insurance policy should
be endorsed using Endorsement No. CG20 09 11 85.
(i) The policy shall be written on an occurrence basis.
(3) Business Commercial Automobile Liability Insurance. Shall include coverage for any
automobile/vehicle:
(a) Property damage limit of $100,000 per occurrence.
(b) Bodily injury limit of $250,000 per person and $500,000 per occurrence
(c) Aggregate limit of $1,000,000
(d) The City of Wichita Falls shall be named as an additional insured
(e) The policy shall contain requirements that the City be given not less than thirty (30) days‟
notice of cancellation, non-renewal, or material change.
(f) The policy shall be written on an occurrence basis.
(4) Liquor Legal Liability Insurance. Shall include coverage for on-premises consumption including
all City-owned property within the confines of Weeks Park Golf Course:
(a) Limits shall not be less than $1,000,000 per occurrence for bodily injury and property
damage.
(b) The policy shall be primary insurance and not excess over any other policy.
(c) The City of Wichita Falls shall be listed as an additional insured.
(d) The policy shall contain requirements that the City be given not less than thirty (30) days‟
notice of cancellation, non-renewal, or material change.
(e) The policy shall be written on an occurrence basis.
(5) Commercial Crime Insurance. Shall include coverage for employee dishonesty, forgery, or
alteration, and theft, disappearance and destruction:
(a) Coverage shall be on a blanket basis.
(b) Limits shall be equal to $100,000 per occurrence.
Article X. Termination
(A) Termination. In addition to the early termination during the initial term or subsequent renewal term
as set forth in Article I, Sections (C) a nd D, the City may terminate this agreement under two conditions.
The first is breach of the terms of this agreement. The second is subject to the process stated in Article IV
“Performance Review.” In either case, the City will provide 30 days written n otice to the Contractor of
alleged breach of contract and/or inability to remedy items discovered in Article IV. Contractor shall
respond within ten (10) business days of receipt of such correspondence with a plan to remedy those
items stated in the 30 days written notice. If, at the conclusion of the 30-days, Contractor has not
remedied or made significant progress in remedying the items listed, the City may cancel this agreement
by providing the Contractor with one hundred twenty days written notice of termination. Such early
termination may be effective earlier upon mutual agreement of the parties.
The Contractor may terminate this agreement in the event the City commits a material breach and fails to
cure or make substantial progress to cure the brea ch within 30 days after receipt of written notice from the
contractor identifying the specific nature of the breach.
(B) Effect of Termination
If either party terminates this Agreement, the City will purchase all merchandise in the Pro Shop at
Contractor‟s wholesale cost as shown by an audit of the Contractor‟s financial records. Payment for
these items shall be made to Contractor within thirty (30) days of termination.
(C) Force Majeure.
(1) Damage or Destruction. Should the Golf Course be destroyed or substantially damaged by fire,
flood, acts of God, or other casualty, City, by written notice to Contractor given within thirty (30)
days following the occurrence of such event, shall have the right to terminate this Agreement on
the basis that City does not choose to rebuild or restore the Golf Course, and in such event neither
party shall have any further obligation to the other party under this Agreement, except with
respect to liabilities accruing, or based upon events occurring, prior to the effectiv e date of such
termination. For the purpose of this Section, the Golf Course shall be deemed to be substantially
damaged if the estimated length of time required to restore the Golf Course substantially to its
condition and character just prior to the occurrence of such casualty shall be in excess of six (6)
months. If this Agreement is not terminated in the event of damage to the Golf Course either
because (i) the damage does not amount to substantial damage described above, or (ii)
notwithstanding destruction to the Golf Course, City elects to restore the Golf Course, then City
shall proceed, at City‟s own expense, with all due diligence to commence and complete
restoration of the Golf Course to its condition and character just prior to the occurrence of such
casualty. If as a result of any damage or destruction to the Golf Course as provided in this
Section, the responsibilities of Manager under this Agreement are substantially changed, then the
parties shall meet and discuss in good faith appropriate modifications to this Agreement.
(2) Force Majeure Events. As used in this Agreement, the terms “Force Majeure Event” means a
disruption in the operation of the Golf Course due to, or the cause of the failure to perform by a
party hereto due to, declared or undeclared war, sabotage, riot or acts of civil disobedience, acts
or omissions of governmental agencies (except acts of governmental agencies including, but not
limited to the City taken in accordance with this Agreement), accidents, fires, explosions, fl oods
earthquakes, or other acts of God, strikes, labor disputes, shortages of materials, or any other
event not within control of Contractor and not caused by the gross negligence or intentional
wrongful conduct of Contractor.
Article XI. Miscellaneous
(A) Protection Against Accident to Employees and the Public. The Contractor shall at all times exercise
reasonable precautions for the safety of employees and others on or near the contract Premises and shall
comply with all applicable provisions of Feder al State, and Municipal laws.
(B) Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State,
and local laws, ordinances and regulations, which in any manner affect the Contractor or the work, and
shall indemnify and save harmless the City against any claim arising from the violation of any such laws,
ordinances and regulations whether by the Contractor or its employees.
(C) Liens. Contractor agrees that it will at no time engage in any activity, which will subject a lien to be
attached to City property. In the event a lien is filed on City property as a result of Contractor‟s activities,
it shall immediately ensure the removal of the same.
(D) Venue. This Agreement and all of the transactions contemplated herein shall be governed by and
construed in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Wichita County, Texas such that exclusive venue for any action arising out
of this Agreement shall be in Wichita County, Texas.
(E) Assignment and Subletting. The Contractor agrees to retain control and to give full attention to the
fulfillment of this Agreement, that this Agreement will not be assigned or sublet without the prior written
consent of the City.
The parties recognize that Contractor may choose to form a corporation, professional corporation, limited
liability company or other business entity in which he is the principal or majority owner and such shall
not be construed an assignment for this Agreement. In the event the Contractor is incorporated the sale of
more than 50% of the stock of the corporation shall be construed to be an assignment.
(F) Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for
convenience only and shall in no way enlarge or limit the scope or meaning of the various and several
paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement
and this Agreement shall not be construed either more or less strongly against or for either party.
(G) Binding Effect. Except as limited herein, the terms and provision of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, devisees, pers onal and legal
representatives, successors and assigns.
(H) Gender. Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in the singular number shall be held and construed to include the plural, unless the
context otherwise requires.
(I) Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever
reference is made to the same.
(J) Computation of Deadlines. If any deadline contained herein ends on a Saturday, Sunday or a legal
holiday recognized by the Texas Supreme Court, such deadline shall automatically be extended to the
next day that is not a Saturday, Sunday or legal holiday.
(K) Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement
between the parties and supersedes any and all prior agreements, arrangements or understandings between
the parties relating to the subject matter. No oral understandings, statements, promises or inducements
contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally and
no written modification of this Agreement shall be effective unless executed by both parties.
(L) Non-Discrimination. Contractor shall abide by the City‟s affirmative action plans and equal
employment opportunity policies as may be adopted by the City insofar as they are applicable to
Contractor‟s employees and shall abide by all local, state and federal laws and regulations in the operation
of Weeks Park Golf Course. The Contractor or his employees shall not discriminate against any
individual on the basis of race, creed, color, sex, national origin or disability in the golf course and
concession operation or in providing any service contemplated by this Agreement.
(M) Notices. Any notice required or desired to be given from one party to the other party to this
Agreement shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below: (ii) deposited in
an official depository under the regular care and custody of the United States Postal Service located
within the confines of the United States of America and sent by certified mail, return receipt requeste d,
and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier
receipted delivery. Either party may designate another address within the confines of the continental
United States of America for notice, but until written notice of such change is actually received by the
other party, the last address of such party designated for notice shall remain such party‟s address for
notice.
If to City: CITY OF WICHITA FALLS
Darron Leiker
City Manager
1300 7th Street
Wichita Falls, Texas 76301
If to Contractor: A.P.G. Inc.
5018 Ditto Lane
Wichita Falls, Texas 76302
(N) Costs of Review – Unless otherwise specified herein, all costs associated with the review or
monitoring of the Golf Course or the Contractor will be borne by the City.
This Agreement shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns.
IN WITNESS WHEREOF, the parties have executes this agreement on the dates indicat ed below.
THE CITY OF WICHITA FALLS, TEXAS Contractor:
A-PERM-O-GREEN, INC.
_________________________________ _______________________________
By: Darron J. Leiker, City Manager By: Tommy Isbell, President
Date:_____________________________ Date:___________________________
APPROVED AS TO FORM:
___________________________________
By: R. Kinley Hegglund, Jr., City Attorney
Date:____________________________
ATTEST:
________________________________________
By: Tracy Norr, City Clerk
Exhibit A: Intentionally Left Blank
Exhibit B: Operational Standards
It is understood and agreed that the golf course shall be operated in a manner consistent with that
of top quality municipal golf courses. Specifically, cont ractor agrees to the following;
1. Comparable group; the golf course is to be operated in a manner consistent with
standards seen for 18 hole public golf courses rated as 3 stars by Golf Digest.
2. Customer Service: Customer service is a priority. Customers are to be greeted in a
friendly manner and treated with courtesy and respect at all times. All staff in contact
with customers shall be instructed in the manner in which customers are to be greeted and
handled. Every effort shall be made to answer phone calls by the fourth ring.
3. Staffing:
a. Cart Attendants: There should be at least one cart attendant on duty during all
hours of operation for the period March 1 through November 30, except during
adverse weather conditions as noted above.
b. Pro Shop Attendants: There should be at least one pro shop attendant on duty
during peak play periods such as weekend mornings.
c. PGA Professional: There should be at least one PGA Professional on the full-
time staff at the facility.
4. Starters: In addition to their duties to check receipts and monitor play off the first and/or
tenth tee, starters shall:
a. Greet all customers in a friendly manner
b. Whenever possible, pair singles and twosomes with other singles and twosomes
so as to make threesomes or foursomes.
c. Determine if they have played the course since it has been renovated. If the
player is new to the course, the starter shall:
i. Advise the golfer as the appropriate tee for their handicap,
ii. Advise the golfer of out-of-bounds and how the yardage is marked on the
course.
d. Inform the golfers as to presence or absence of beverage cart service
e. Inform golfers as to the Pace of Play policy.
Exhibit C: Maintenance Standards
GENERAL TURF STANDARDS
ALL TURF AREAS conditioned to a level that provides an enjoyable Golf Experience. Overall good
health, coverage, color and density; free of weeds, disease, insects and other pests; Quality mowing,
trimming and detail; Overall mowing height and frequency plus fertilizer and chemical applications
appropriate for the type turf and season; W ell drained with injured areas being repaired.
Grooming and conditioning procedures including Aerification, Vertical Mowing, Slicing, Top Dressing
Brushing etc. appropriate for the Type Turf and Season. Conditioning Levels set to favor the Average
Golfer. All areas inspected daily by the Superintendent .
STANDARDS BY SPECIFIC AREA
GREENS
Mowed and Cups changed daily during growing season and 4-5 times per week during off-season. Hole
Locations follow USGA Recommendations. Flags, Hole Liners in good con dition and set to the proper
depth, Flagsticks in good condition. Ball marks and all Damaged Areas repaired daily. Greens Surfaces
maintained to permit ball to roll smooth and true. Green
Speed favorable to the Average Golfer.
GREEN SURROUNDS
Conditioned to Fairway Standards.
TEES
Mowed minimum 3 times per week during season and as required during the off season to assure a well-
groomed playing surface. Tee Markers moved and divots filled daily on Par 3s during season and
minimum of 3 times per week dur ing off-season, depending on play. Tees level, providing a firm stance;
maintained to permit easy placement of tees; Permanently installed Yardage Markers. Tees to be over
seeded at a time and rate to assure a quality winter playing surface. Additional a pplications of seed to be
made as necessary to provide a consistent and quality surface.
TEE SLOPES
Ingress and Egress areas maintained to disperse foot traffic promote safety and provide a well-groomed
appearance.
FAIRWAYS
Mowed minimum of 3 times per week in season and as required to maintain a quality and consistent
surface during winter months. Divots repaired biweekly. Yardage markers located at 100, 150 and 200
yards in middle of fairways and on cart paths. Fairways to be over seeded and re-seeded at a time and rate
to provide a quality and consistent winter playing surface beginning in the second year. As an alternative
to overseeing the fairways, the roughs may be over seeded.
ROUGHS
Maintained to minimize Lost Balls and allow appropriate Pace-of -Play. Trees, Irrigation System
Hardware, Building Areas, Bridges, Creek Crossings etc. trimmed.
BUNKERS
Raked daily and edged/trimmed with edges well defined; Four to Six inches of sand meeting USGA
Specifications; Two to four inch lips on the green s ide of green bunkers with no lips on the back side. No
lips on Fairway Bunkers. Rake, in good condition, provided outside each bunker with 2 by the larger
bunkers. Free of weeds, rocks and other foreign materials. Well drained.
CART PATHS
Paths and adjacent areas well maintained, free of bare areas & ruts; Cart traffic control devices including
ropes, posts, directional signs, etc. installed and well maintained. Paths clean and free of mud, tree limbs
and other debris.
SERVICE ITEMS
Benches, Ball Washers, Wastebaskets, Water Stations conveniently located, painted and well maintained.
MARKERS/SIGNS
Directional, Tee and Ground Under Repair Signs plus Hazard and O.B. Markers appropriately located and
in good condition.
PONDS/STREAMS
“In play” Ponds and Streams, including edges and slopes- clean, weed free, maintained to minimize lost
balls and aesthetically pleasing; Stream crossings mowed and trimmed to minimize lost balls and provide
a clear view of fairways.
GOLF COURSE LANDSCAPING
All Landscaped Areas on course including Restrooms, Shelters, and other Structures - clean, beds
mulched, plants healthy. Areas weed free with bedding plants changed 2 times/year.
TREES
Trees in playing areas pruned and allow access to mowing equipment. Base areas maintai ned to minimize
lost balls. Dead trees, dead limbs and other debris under trees removed timely.
OVERALL TURF HEALTH AND COVER
All Turf Playing Surfaces fully covered, free from insects, weeds and disease; Good color and density.
OVERALL COURSE AND GROUNDS CLEANLINESS
All areas of Golf Course, Clubhouse Area, Entrance and Parking- clean, free of trash/debris, insect
mounds, tree limbs etc.
PRACTICE AREAS
PUTTING, PITCHING GREENS AND SURROUNDS- Maintained to Green Bunker and
Surrounds Standards
PRACTICE RANGE TEE - Maintained to Tee Standards; Distance Markers installed; Divots
repaired daily; All Service Items properly located and maintained.
PRACTICE RANGE- Maintained to Fairway Standards; Target Greens with Flags provided and
appropriately maintained.
CLUBHOUSE AREA
CLUBHOUSE GROUNDS/LANDSCAPING- All Turf Areas, Shrubbery, Flower Beds, Lakes
and Hard Surface areas maintained to Golf Course Standards or better providing a Good First and
Last Impression
ENTRANCEWAY-Including Main Entrance and Drive clean, properly landscaped and maintained
to Golf Course Standards of better, providing a Good First and Last Impression.
PARKING AREA- Clean, Appropriately Stripped and Marked, Directional Signs, Landscaped,
Edged and Trimmed
IRRIGATION SYSTEM
System including Valves, Sprinklers, Controllers, Pumps and Irrigation Water Supply System maintained
in good working order according to manufacturer guidelines.
ENVIRONMENTAL
Pesticides Chemicals and all other hazardous Materials including Fuel, Fertilizer, Weldin g Supplies
Stored and Used according to Manufacturers Guidelines plus Federal and State Regulations; Appropriate
up-to-date Records including MSDS Sheets maintained on all Chemicals and Pesticides; Course Closings
for Pesticide Applications coordinated wit h the Golf Shop and Management; Equipment Wash Areas
Maintained to meet State and Federal Standards; Applicators Certified, use approved Protective Clothing
and follow State Procedures. Fuel tanks tested with up-to-date Records maintained.
MAINTENANCE EQUIPMENT
Equipment and Vehicles maintained according to Manufacturers Guidelines; Ongoing Service Records
maintained and available for Audit.
GOLF COURSE MAINTENANCE BUILDING AND AREA
Clean, Well Organized and free of Litter and Debris. Old Junk Equipment and parts stored in a Secluded
Area.
RESTROOMS/SHELTERS
Serviced Daily, Clean, Appropriately Stocked and Maintained in a sanitary condition
SAFETY
All areas within the property maintained in a Safe condition with Traffic Control, Signs, Fencing and
other measures necessary to insure a safe environment for Players, Staff, Visitors and Others Chemicals
and pesticides applied and recorded properly. All staff members made familiar with the Emergency
Procedures.
Equipment List