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