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HomeMy WebLinkAbout1574 ResolutionDATED this day of April, ATT RESOLUTION NO. 1574 A RESOLUTION accepting the proposed Golf Professional Agreement and authorizing the Mayor to sign the same. WHEREAS, the City Council has reviewed at its March 28th, 1983, Workshop meeting, the proposed Golf Professional Agreement between the City and Joseph E. Dubsky, Jr , which contract will run for 3 years, 9 months, beginning April 1, 1983, or as soon thereafter as the City Council ratifies the Agreement, and ending December 31, 1986; and WHEREAS, the City Council has found the Agreement to be fair and in the interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE PASCO CITY COUNCIL AS FOLLOWS: THAT CERTAIN AGREEMENT ENTITLED, "AGREEMENT FOR PROFESSIONAL SERVICES/GOLF PROFESSIONAL AGREEMENT," EXAMINED AND DISCUSSED BY THE PASCO CITY COUNCIL AT ITS MARCH 28TH, 1983, WORKSHOP MEETING, A COPY OF WHICH IS ATTACHED HERETO, IS ACCEPTED AND APPROVED AND THE MAYOR IS HEREBY AUTHORIZED TO SIGN THE SAME ON BEHALF OF THE CITY OF PASCO. E. A. Si IDER, MAYOR //Evelyn We ls, City Clerk IOVED i5 TO FO 10 AL-1114...APAIII, Fre' A Rubstello Acti City Attorney AGREEMENT FOR PROFESSIONAL SERVICES GOLF PROFESSIONAL THIS AGREEMENT is made and entered into this 7/ day , of , 1983, by and between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "city," and JOSEPH E. DUBSKY, JR., hereinafter referred to as the "golf professional." RECITALS: Whereas, the City of Pasco has a municipal golf course, upon which there is a clubhouse and other facilities; and Whereas, it is the desire of the city to see that these facilities are used by the general public and that the services normally available at a golf course be available at the Pasco Municipal Golf Course; and Whereas, the City of Pasco does not desire to be in the business of running a pro shop for the selling of retail merchan- dise and further does not desire to hire anyone on staff to per- form those services normally performed by a golf professional at a golf course; NOW, THEREFORE, the parties hereto agree as follows: For and in consideration of the mutual terms and conditions contained herein the parties hereto covenant and agree as follows: Section 1. GOLF PROFESSIONAL: The golf professional will manage and be responsible for the operation of the pro shop and locker rooms that have been made available at the Pasco Municipal Golf Course. He shall have full responsibility for the management and operation of the pro shop, driving range, and golf play on the golf course. Section 2. STATUS OF GOLF PROFESSIONAL: It is hereby understood, agreed and declared that the golf professional is an Agreement for Professional Services Golf Professional - 1 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 15091545 3406 SCAN 726 3406 independent contractor and is not an employee or agent of the City of Pasco and that no liability shall attach to the city by reason of entering into this Agreement except as may be provided herein The administration of this contract shall be under the supervision of the City Manager of the City of Pasco, or his designated representative Section 3 GOLF PROFESSIONAL'S RIGHTS The golf pro- fessional shall have exclusive rights to the proceeds of the pro shop and driving range except as hereinafter provided. The golf professional shall pay to the city ten percent (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 From the period January 1, 1983 to December 31, 1984, the city shall pay the golf professional One Thousand, Two Hundred Dollars and No/100 ($1,200.00) per month. The contract fee paid to the professional for the period January 1, 1985 to December 31, 1986, shall be negotiated before December 15, 1984 The golf professional may make application with the city's group insurance carrier for medical and dental insurance under the city's group Insurance plan through the city's Insurance agent The golf professional in making such application shall not mainain or assert that he is an employee of the City of Pasco and he shall specifically make that fact known to the city's insurer. If the insurance carrier accepts the golf professional for coverage under the city group insurance plan, on the under- Agreement for Professional Services Golf Professional - 2 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 1509) 545 3406 SCAN 726 3406 standing that he is not an employee of the city, the city is authorized to deduct from the monthly payments of $1,200 00 to the golf professional, the monthly premium for such insurance coverage submitted to the city by the insurance carrier The golf professional agrees to hold the city harmless for any damages he might incur due to the payment by the city of a premium payment billed to the city by the insurance carrier and deducted from the golf professional's monthly payment For each calendar year an additional amount shall be paid to the golf professional, which shall be the total green fees less sales and admission tax collected during the year less $125,000, multiplied by ten percent (10%), up to a maximum of $5,500 The amount produced by this calculation shall be paid on or before the tenth day of February of the following year The golf professional shall have an exclusive right at the 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, and (c) use the practice range and to give golf instruction to the public and to make charges therefore Section 4 GOLF PROFESSIONAL'S DUTIES The golf pro- fessional 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. 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, Agreement for Professional Services Golf Professional - 3 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 1509) 545 3406 SCAN 726 3406 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 from dawn to dusk each day of the year except when weather conditions cause the golf course to be closed The golf pro- fessional and the Director of Parks and Recreation shall determine when the course should be closed 8. Making a weekly physical inspection of the golf course and preparing a written report for the Director of Parks and Recreation or his represen- tative 9. It is understood that the golf professional shall supply and pay all costs for a Marshall for a minimum of ten (10) hours per week for the months of April through September, except that the city shall pay up to Four Hundred and Seventy-Five Dollars and No/100 ($475.A01 in either cash 1r season tickets each year (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 the golf course including clothing, golf clubs, golf bags, golf balls, golf shoes, tees, books and other golf equipment and supplies, provided, however, that no make or line of golf merchandise, supplies and equipment shall be handled exclusively to the detriment of other lines and makes, 2. Preserving proper order in and about the golf pro shop and premises of the golf clubhouse, and 3. Keeping the golf pro shop open for the prescribed number of hours as set by the city. (c) Cleaning The golf professional shall provide routine cleaning 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 outside, maintenance of toilets, wash basins and other interior furnishings, equipment and fixtures The golf professional shall Keep the golf pro shop in a clean and sanitary condition 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 clubhouse are open for business, and keep locker rooms closed and locked at all other times Agreement for Professional Services Golf Professional - 4 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 1509) 545 3406 SCAN 728 3406 (d) In addition to the duties and responsibilities as set out in the above paragraphs, the golf professional shall be responsible for the following 1 The golf professional shall not conduct any other business or social activities upon the premises or use the golf course clubhouse 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 Insuring 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 communi- ties, 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, locker room facility, and driving range, 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 incurred in the pro shop and driving range during the previous year The purpose of this report is to determine the exact net profit derived by the golf professional at the Pasco Municipal Golf Course. In addition, as soon as the previous year's Federal Income Tax forms are completed, the golf professional shall submit each and every form submitted to the IRS to the city Such report shall not be made available 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 in addition to those percentages as indicated in Section 3, Paragraphs 2 and 3 above The city reserves the right for the City Manager to make final approval or disapproval of any decision of a substantial nature in regard to the appearance of the clubhouse, actions or public relations of the golf professional or employees, based on the findings and recommendations of the Director of Parks and Recreation, or collection and deposit of green fees, locker fees or any other special charges, and promotion of golf play Agreement for Professional Services Golf Professional - 5 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE (509) 545 3406 SCAN 726 3406 The city agrees to (a) Pay for utilities which shall include heat, light, telephone, water, garbage disposal and monthly exter- minating service, (b) Maintain the golf course, including greens, fairways, grounds and adjacent improved off-street parking areas, (c) Maintain the exterior of the pro shop (except window cleaning) including but not limited to keeping all locks and fasteners in proper repair, and (d) Repair and replace all windows within the pro shop not broken as a result of any act or negligence of the golf professional or his agents or employees 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, of 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, (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 y personal or other use of any fees, revenues or other monies eceived or collected by the golf professional for the city in the ourse of his duties Agreement for Professiohal Services Golf Professional - 6 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE (509) 545 3406 SCAN 726 3406 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, demands, order, decrees, or judgments for injury or death or damage to any person or property arising or resulting from any act or omission on the part of the golf professional or hi agents or employees arising from the use of the golf course, golf pro shop or clubhouse by the golf profes- sional or his agents or employees pursuant to the terms of this agreement The golf professional shall, during the period comm- encing on the date that this agreement is executed and continuing without interruption until this agreement is cancelled, revoked or otherwise terminated and at the sole cost and expense of the golf professional, 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 following types of insurance, to-wit 1 Liability and property damage insurance with the city named as additional insured thereon, protecting itself and the city from any damage or losses sustained by reason of any bodily injury or death of any person, or by reason of any injury to property of third persons occasioned by any act, omission, neglect, or wrong doing of this Concessionaire or any of its officers, agents, representatives, assigns, guests, invitees or othei- 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 and for property damage of One Million and No/100 Dollars ($1,000,000 00) with the city named as additional insured 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. Agreement for Professional Services PASCO CITY ATTORNE1 Golf Professional - 7 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE (509) 545 3406 SCAN 726 3406 2. State industrial 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 Five Thousand and No/100 Dollars ($5,000 00) to guarantee full and faithful performance of all of the duties, obligations and covenants as required in this agreement to 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 1. The city shall have the right to suspend the golf pro- fessional immediately if the golf professional violates any portion of this contract concerning municipal funds If, in fact, the golf professional is found to have stolen, misused or misappropriated any municipal funds, the city shall have the right to cancel the contract immediately. 2 The City Manager shall give notice to the golf profes- sional of any other violations pertaining to the duties and obligations of the golf professional not relating to monetary dealing The 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 commits the same or related violation or allows the condition to reoccur, then, and in either of said events, the city, upon thirty (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. 3 In the event the city shall terminate the agreement Agreement for Professional Services Golf Professional - 8 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 15091 545 3406 SCAN 726 3406 because of either of 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 accrued up to the time of termination of this agreement 4 The golf professional shall leave the pro shop and club- house in good order, condition and state of repair, reasonable wear and tear and damage by the elements excepted, and any alter- ations, changes, additions or other improvements thereto shall be left in place. Section 9 DEATH OF GOLF PROFESSIONAL The city shall have the right of immediate possession of the pro shop upon death of the golf professional The city will make and take inventory as soon as practical after the death of the golf professional with the intent of keeping the golf course, pro shop and facilities open, then releasing all merchandise of the golf professional to the legal representative of the golf professional Section 10. AGREEMENT EXCLUSIVE There are no other promises, covenants or agreements, either oral or written, other than contained in this contract and all other contracts between the parties are hereby declared to be of no further force and effect. Section 11. 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 three (3) years, nine (9) months beginning April 1, 1983, or as soon thereafter as the City Council ratifies this agreement, and ending December 31, 1986. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written Agreement for Professional Services Golf Professional - 9 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE (509) 545 3406 SCAN 726 3406 CITY •SC BY I_4(e-edlOILL IDER, Mayor CONCESSIONAIRE BY JOSEPH E DUBSKY, JR , Golf Professional ATT is, City Clerk APPROVED AS TO FORM Greg A Rubstello, City Attorney Agreement for Professional Services Golf Professional - 10 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 15091 545 3406 SCAN 726 3406 STATE OF WASHINGTON ) : SS. County of Franklin ) On this day personally appeared before me JOSEPH E. DUBSKY, JR., acting on his own behalf, to me known to be the Concession- aire in the above matter and the individual described in and who executed the above and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes as set forth. Subscribed and sworn to before me this day of , 1983. Notary Public in and for the State of Washington, residing at Agreement for Professional Services Golf Professional - 10 PASCO CITY ATTORNEY 412 WEST CLARK STREET P 0 BOX 293 PASCO WASHINGTON 99301 PHONE 16091648 3406 SCAN 726 3406