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HomeMy WebLinkAbout1156 ResolutionRESOLUTION NO. 1156 WHEREAS the City of Pasco is the owner of a golf course commonly referred to as the City of Pasco Municipal Golf Course, and WHEREAS it is in the best interest of the City of Pasco to contract the services of a golf professional for the purpose of operating the City of Pasco Municipal Golf Course, and WHEREAS Joseph E. Dubsky, Jr., has warranted and represented to the City of Pasco that he is qualified as a golf professional to operate the City of Pasco Municipal Golf Course; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the proper officials of the City of Pasco be and the same are hereby authorized to execute and enter into an agreement with Joseph E. Dubsky, Jr., for obtaining his services as a golf professional for the operation of the Pasco Municipal Golf Course, said agreement to be substantially in the form as the agreement attached hereto and by this reference incorporated herein. PASSED by the City Council of the City of Pasco, Washington, this 6 day of March 1978. Chet Bailie, Mayor , A ST: n Wells, Deputy City Clerk APPROVED AS TO FORM: q& -44e4 &me., -j Michael E. Cooper,OCity Attorney POST OFFICE BOX 293 1 PASCO, WASHINGTON 99301 March 3, 1978 TO: George D. Smith, City Manager el FROM: Richard 0. Erickson, Director of Parks & Recreationv`©1 RE: GOLF PROFESSIONAL AGREEMENT Pursuant to our conversation with Joe Dubsky on March 2, 1978, please find attached a revised Golf Professional Agreement. These changes are inserted due to requests from Joe after he had an opportunity to compare his contract with other professionals. While we did not agree with all his requests the ones we agreed to are reasonable and fair to all. The main changes are (1) Section 3 - an increase from $650 to $700 per month for salary. Originally Joe had requested $750 per month or no salary and 10% of all gross green fees. I feel it would be equitable to all to pay him $700 per month. (2) Section 4- d).-5this simply states that his financial condition will only be available to City officials and not the general public.. (3) Section 8 - the 15 day written notice has been increased to 30 days. ROE/tc V GOLF PROFESSIONAL AGREEMENT THIS AGREEMENT made and entered into this SO day, 1978, by and.between the City of Pasco,,a Municipal Corporation, here- inafter referred to as the City and Joseph E. Dubsky, Jr., hereinafter referred to as the Golf Professional, WITNESSETH: WHEREAS, the Golf Professional will contract with the City of Pasco as.a Golf Professional and will perform services recited herein; and WHEREAS, there are certain club house facilities at the Pasco Municipal Golf Course; and WHEREAS, it is the desire of the City to see that these facilities are available for use by the general public; NOW, THEREFORE, THE PARTIES HERETO: WITNESSETH: For.and in consideration of the mutual terms and conditions contained herein the p-artier hereto covenant and agree as follows: Section 1. GOLF PROFESSIONAL: The Golf Professional will manage and be responsible for the operation of all club house facilities, in- cluding the pro shop, and locker rooms that have been made available at the Pasco Municipal Golf Course. Section 2. STATUS OF- GOLF PROFESSIONAL: It is hereby understood, agreed and declared that the Professional is an independent contractor and not an agent or employee of the City' and that no liabilities shall attach to the City by reason of entering into this agreement, except as may be provided herein. The Professional shall be under the supervision of the Director of Parks and Recreation of the City of Pasco, or his designated represent- ative, and shall have.full responsibility for the management and operatio of the club house facility and all business shall go through the Parks and Recreation Office except for the deposit of any monies, which.shall be han.dled.through the Administration Department of the City. mpg Section 3. GOLF PROFESSIONAL'S RIGHTS: The Golf Professional shall have exclusive.rights to the proceeds of pro shop and driving range, except as may be provided hereinafter. The Golf Professional shall pay to the City 10% of the annual revenue received from the operation of the driving range; however, this percentage of revenue shall be paid to the City monthly as set out in Section 6, Paragraph 1 herein. The Golf Professional shall be allowed the use of a maximum of three (3) cart storage stalls at the cart storage facility, for which the Golf Professional agrees to pay to the City the normal cart storage fee per cart facility plus. the annual course usage fee. The City agrees to pay the G01 f Professional Seven Hundred and .no/100 dollars ($700.00) per month; and as further consideration the City shall pay the Golf Professional an amount calculated as follows: The total green fees less sales and admission tax collected during the year, less $125,000.00 multiplied by ten per cent (10%). The amount produced by this calculation shall be paid on or before the 10th of February of the following year. The Golf Professional shall have exclusive right of golf course to: a) display, sell, rent and otherwise supply and sell to the public all golf goods, clothing; merchandise, golf equipment, golf carts and golf cars; b) operate shop service on the premises for the repair and/ or maintenance of golf clubs and other golfing equipment; c) use the practice range and to give golf instruction to the public and to make charges therefor; Section 4.. GOLF PROFESSIONAL'S DUTIES: The Golf Professional shall be responsible for; a) operation, management and supervision of the pro shop and driving range and supervision of play on.the golf course, including, but not limited to: 1) enforcement of all rules and regulations established by the City; 2) regulating the play and conduct of the players on the golf course; -3- 3) collecting all fees; 4) patrolling the golf course and preserving order, including keeping trespassers off and preventing injury to the golf course by players and others; 5) preventing any person from playing without first having paid green fees; 6) acting as a starter of play and supervisor of caddies; 7) keeping the golf course open, either personally or by qualified employees, for the prescribed hours of play which will be 8:00 a.m. to dusk for the months of November, December, January, and February and 7:00 a.m. to dusk for week days and 6:00 a.m. to dusk for week- ends for all remaining months; 8) making a weekly physical inspection of the golf course and reporting the results of such inspection to the Director of Parks and Recreation or his representative. b) Operation, management and supervision of the golf pro shop including, but not limited to: 1) maintaining, selling and renting a stock of merchandise supplies and equipment sufficient to meet customer demand and suitable for use upon. th.e golf course including clothing, golf clubs, golf bags, golf balls, golf shoes, tees, books and other golf equipment and supplies; provided, that no make or line of golf mer- chandise, supplies and equipment shall be handled _exclusively to the detriment of other lines and makes; .2) preserving proper order inand about the golf pro shop and premises of the golf club house; and 3) keeping the golf pro shop open for the prescribed number of hours as. set by the City. c) Maintenance. The Golf Professional shall provide routine maintenance and janitorial service for the golf pro shop and locker rooms. The janitorial services shall include, but not be limited to, cleaning of windows, inside and out, maintenance of toilets, wash basins and other interior furnishings, equipment and fixtures, The Golf Professional shall 1) keep the golf pro shop in a clown and sarritary Gonditic and reasonably free from rubbish at all times and to the satisfaction of the City; 2) keep locker rooms open at all times during which the golf course is open for play or the golf pro shop and club house are open for business;. and keep locker rooms closed and locked at all other times; d) In addition to the duties and responsiblities as set out in the above paragraphs, the Golf Professional shall be responsible for the following: -4- 1) The Golf Professional shall not conduct any other business or social activities upon the premises or use the golf course club house or golf pro shop for any purpose other than the purpose stated herein without first having obtained,a written consent from the City; 2) Furnishing an adequate supply of golf clubs, golf carts, power driven golf carts, including all gasoline, oil and. other supplies necessary for their operation and golf equipment for rent as necessary for the operation of the club; 3) Ensuring all prices charged for sale or rental of merchandise, supplies and equipment in the golf pro shop and all fees for instructions and lessons shall be reasonably consistent with current prices in the City and County and'in neighboring communities; 4) It is understood that the Golf Professional will managE and be responsible for the staff and paying all labor costs in managing.and operating the pro shop and locker room facility. 5) Submit by February.1 of each year, a complete financial report showing all revenue received in the Pro Shop and driving range and also to show all expenses in- curred in the pro shop and driving range during the previous year. Such report shall not be made avail- able to the general public. Section 5. CITY'S RIGHTS AND DUTIES: The City shall receive all green fees, season ticket fees, locker rentals, and all cart storage rents., inadditibn to those percentages as indicated in Section 3, Paragraph 2 and 3 above. The City reserves the right for the. Director of Parks & Recreation to make any final decision of a substantial nature in regard to the appearance of the club house, actions or public relations set forth by the City Manager or collection and deposit of green fees, locker fees or any other special charges, and promotion of golf play. The City.agrees to: a). pay for utilities which shall include heat, light, telephone, water, garbage disposal, and monthly exterminating service. b) maintain the golf course, including greens, fairways, grounds and adjacent improved off-street parking areas; c) maintain the exterior of the golf pro shop (except window cleaning) including but not limited to keeping all locks and fastners in proper repair; d) repair and replace all windows within the golf pro shop not broken as a result of•any act or negligence of the Golf Professional, or his agents or employees; -5 - Section 6. COLLECTING AND ACCOUNTING: It is agreed that the Golf Professional shall keep accurate books of account both of green fees and season tickets collected and all other income and expenses derived from the operation of the Pasco Municipal Golf Course, and the City shall have the right to inspect said books at reasonable times. All monies collected by the Golf Professional for green fees, season ticket charges, locker rentals and cart storage rents shall be turned in twice a week to the City Treasurer. The money due the City under Section 3, Paragraph 2, or this contract shall be paid to the City monthly on or before the 20th of the month following the applicable business month. In performing his duties with regard to accounting for Pasco Municipal Golf Course income, the Golf Professional shall: a) prepare a daily report of the number of persons playing, ,the revenue derived from players and the amounts collected for each class of players; and b) hold in a fiduciary capacity all fees and other revenues received or collected; and c) be responsible for any shortage in monies collected on behalf of and required to be paid to the City. The Golf Professional shall not under any circumstances make any personal or other use of any fees, revenues or other monies recei:ved or collected by the Golf Professional for'the City in th.e course of his duties. Section 7. INSURANCE AND BOND: A) The Golf Professional shall indemnify and hold harmless the City of Pasco, its officers, employees, and agents from and against any and all claims, domi-Inds, order, clorroes or judgements for injury or death or damage to any person or property arising or resulting from any act or ommision o.n the part of the Golf Professional or his agents or employees arising from the use o.f the. golf course, golf pro shop or club house by the Golf Professional or his agents or employees pursuant to the to-rms of this agreement. B) The Golf Professional shall during the period commencing on the date that this agreement is executed and continuing without,inter- ruption until this agreement is cancelled, revoked or otherwise terminated and at the sole cost and expense of the Golf Professional, i� provide and maintain in such form and with a company or companies satisfactory to the City of Pasco a policy or policies of each of the folaow. n,g types of i nsurance, to-wi t: .1) Liability and property damage insurance with the City named as cd -insured thereon, protecting itself and the City from any damage or losses sustained by reason of any bodily injury or death to any person, or by reason of any injury to:_ property of third persons occasioned by any act, ommision, neglect, or wrong doing of this Concessionaire or any of its officers, agents, repre- sentatives, assigns, guests, invitees or other persons admitted by the Concessionaire to the demised premises. Such policy or policies of insurance shall provide for a combined single limit for bodily injury liability of Five Hundred Thousand & 00/100 ($500,000.00) dollars with the City named as a co-insured, and a liability limit for the property damage.policy of not less than Fifty Thousand & 00/100 ($50,000.00) dollars. Said policies of insurance shall be duly approved.by the City, and a certified copy thereof shall be filed with the City at the time of the execution of this agreement.- 2) greement:2) 'Workmen's compensation insurance and employers liability insurance for all employees of the Golf Professional. 3) The Golf Professional prior to exercising any of the rights under this agreement shall, at his own cost and expense, provide the City.with a bond in a minimum amount of Ten Thousand and no/100 ($10,000.00) to guarantee full and faithful performance of all of the duties, obligations and convenants as required in this agreementto be performed by the Golf Professional or any employee of the Golf.Professional including but not limited to payment of all fees, portions of gross revenue or any other monies required to be paid to the City at the time and in the.manner specified in this agreement. Section 8. TERMINATION OF CONTRACT: The Director of Parks & Recreation shall give notice to the Golf Professional of any violations. of the.duties and obligations of the Golf Professional hereunder. If the Director of Parks & Recreation believes the particular problem has not leen corrected, he steal 1 not'i fy the City Manager, Tiic City Manager shall notify the Golf Professional, either at.a meeting set for that particular purpose or in,writing, of the specific duties and obligations which the Golf Professional has violated. If thereafter the Golf Professional has not corrected such violation or condition or if thereafter. the Golf Professional commits the same or related violation or allows the condition to re -occur, then, and in either of said events -7 - the City upon 30 days written notice to the Golf Professional, shall have the right to terminate this contract and all rights and privileges of the Golf Professional hereunder. In the event the City shall terminat( the agreement under the above circumstances the City shall have the right to enter the golf pro shop and golf course and take immediate and sole possession thereof, and bring suit for and collect all fees, any portion of gross revenue or'any other monies required to be paid to the.City which shall have accured up to the time of termination, of this agreement. The Golf Professional shall leave the golf pro shop and club house in good order, condition and state or repair; reasonable wear and tear and damage by the elements excepted, and any alterations, changes, additions or other improvements thereto shall be left in place. Section 9. AGREEMENT EXCLUSIVE: There are no other promises, convenants or agreements either oral or written other than contained in this contract and all other contracts between the parties are h0reby declared to be of.no further force and effect. Section 10. EFFECTIVE DATE: This agreement shall be in effect upon signature of the parties and ratification by the City Council of the City of Pasco and shall be for a period of two years beginning 1978, or as soon thereafter as the City Council ratifies this agreement, and ending 1980, we IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and year first above written. CITY OF PASCO B y : "'�-- Chet Bailie, Mayor.. ATTEST: Leo E. Olney; Ex Officio City Clerk APPROVED AS TO FORM) Michael E. Cooper, City Attorney CONCESSIONAIRE By: Joseph E. Dubsky, Jr., Golf Professional F STATE OF WASHINGTON) ss. County of Franklin On this day personally appeared before me Joseph E. Dubsky, acting on his own befalf, to me known to be the Concessionaire in the above matter and the individual described in and who executed the above and foregoing instrument, and acknowledged that they signed the sante as the 'free and voluntary act and deed 'for the uses and purposes set forth. Subscribed and.sworn to before me this day of , 1978. Notary Public in and for the State of Washington, residing at r _