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RESOLUTION NO. 2 6 4 1
3 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE
4 AN AGREEMENT FOR GOLF PROFESSIONAL SERVICES ON AUBURN GOLF
COURSE BETWEEN THE CITY AND DOUGLAS J. CAMPBELL.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN
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A REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT:
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SECTION 1.
The Mayor and City Clerk of the City of
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Auburn, Washington, are hereby authorized to execute an
Agreement for Golf Professional Services on Auburn Golf
Course between the City and DOUGLAS J. CAMPBELL. A copy of
said Agreement is attached hereto, denominated as Exhibi t
"A" and made a part hereof as though set forth in full
herein.
SECTION 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of thi~ legislation.
Resolution No. 2641
April 27, 1995
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DATED and SIGNED this 15th day of May, 1995.
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ATTEST:
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Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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M1chael J. Reynolds,
City Attorney
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Resolution No. 2641
April 27, 1995
Page 2
CITY OF AUBURN
~G./~~
CHARLES A. BOO H
MAYOR
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AGREEMENT FOR GOLF PROFESSIONAL SERVICES
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ON
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AUBURN GOLF COURSE
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made and entered into this I ~ay of
1995, by and between the CITY OF
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THIS AGREEMENT,
)J;'r
AUBURN, a municipal
corporation of the State of Washington,
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hereinafter referred to as "CITY" and DOUGLAS J. CAMPBELL,
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individually and his marital community, jointly and severally,
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a Golf Professional, residing at 10328 SE 304th Place, Auburn,
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Washington 98092, hereinafter referred to as "PRO. "
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WHEREAS, the CITY is owner of Auburn Golf Course,
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ownership includes the land upon which said golf course is
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located, the buildings and other improvements which are part
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thereof; and
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WHEREAS, the services of a licensed Golf Professional at
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Auburn Golf Course are desired so as to provide golf
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professional services; and
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WHEREAS, MR. CAMPBELL has provided professional golf
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services at the course since 1985; and
WHEREAS, the CITY wishes to retain MR. CAMPBELL as a golf
professional;
NOW, THEREFORE, in consideration of the mutual conditions
in this Agreement, the parties agree as follows:
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 1 {agree/a-agc95}
May 3, 1995
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SEC~ION 1. TERM OF AGREEMENT.
1.1 This Agreement shall commence on January 1, 1996 and
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shall terminate on December 31, 2000. The PRO must give the
CITY written notice at least one hundred eighty (180) days
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prior to the termination of the initial period of his desire
to extend this Agreement.
Such notice timely given shall
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confer upon the PRO the exclusive right to negotiate with the
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CITY for an extension of the Agreement for a period of sixty
days. If such notice is not timely given or if the sixty days
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shall have expired without anew agreement being negotiated,
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the CITY shall be free to negotiate with all other parties for
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professional services.
SECTION 2. NATURE OF SERVICES PROVIDED.
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2.1 All services rendered by the PRO shall be in
accordance with the P.G.A. Code of Ethics.
The PRO'S
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responsibilities include the operation of the clubhouse
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facilities, snack bar, and pro shop, and services to include
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lessons and tournament program.
The PRO shall provide
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competent personnel necessary for such operations and shall
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supervise them in their work and shall pay them for their
services at the PRO'S sole cost and expense.
Personnel
employed by the PRO shall not engage in conduct injurious to
the interests of the CITY in having an efficient and
successful operation at the Golf Course.
The PRO shall not
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 2 {agree/a-agc95}
May 3, 1995
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conduct any other business or social acti vi ty on the golf
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course premises, or use the golf course, clubhouse, or golf
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pro shop for any other purpose without first having obtained
the express written consent of the CITY. The PRO shall not be
otherwise employed or engaged in other business which is in
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conflict with the responsibilities and duties of the PRO under
this Agreement, without the express written consent of the
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CITY.
The parties agree that their respective duties and
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responsibilities are in accordance with the requirements and
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conditions of the Rules, which Rules are incorporated and by
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reference made a part of this Agreement.
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2.2 Except as otherwise provided in this Agreement, the
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PRO shall have exclusive right on the golf course:
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a.
To display, sell, rent, and otherwise supply and
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sell to the public all golf goods, clothing,
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merchandise, golf equipment, golf carts, and power
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golf cars.
To operate shop services on the premises for the
repair and maintenance of golf clubs and other
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b.
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golfing equipment.
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c.
To give golf instruction to all groups and levels of
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public players and make charges therefor.
To be responsible for operating and managing a snack
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d.
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bar in the clubhouse.
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 3 {agree/a-agc95}
May 3, 1995
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2.3 The PRO shall have the following responsibilities in
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the operation, management, and supervision of the golf course
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including:
a.
Promoting good will with the golfing public and
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treating the public in a courteous manner, and
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utilizing effective public relations methods.
All pro shop employees must be appropriately
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dressed.
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b.
enforce,
and explain all rules and
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support,
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operations established by the City of Auburn to
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staff and the golfing public.
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c.
Directing the play and conduct of all persons on the
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golf course, including keeping off trespassers, and
preventing injury to the golf course by players and
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others.
Schedule for directing play on the course
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must be submi tted and approved by the ci ty each
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year.
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d.
Collecting all fees; issuing receipts for greens
fees; and prompt transfer of fees to the CITY.
e.
preventing any person from playing without first
having paid greens fees.
f.
Reserving starting time for daily play, league and
tournament; and acting as a starter of play.
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 4 {agree/a-agc95}
May 3, 1995
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g.
Making a daily physical inspection of the clubhouse,
adjacent CITY grounds, and reporting any unusual or
unsafe conditions observed during said inspection to
the Department of Parks and Recreation immediately.
h.
Providing
janitorial
routine
maintenance
and
services and supplies, to include all cleaning
supplies and paper products, for the golf clubhouse.
The janitorial services shall include but not be
limited to:
Cleaning of windows (inside and
outside), maintenance of lavatories and washbasins
and other interior furnishings,
equipment and
fixtures. The PRO agrees to keep the golf pro shop
and snack bar in a clean and sanitary condition at
all times to the satisfaction of the City and King
County Health Department.
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Maintaining close relationship and cooperation with
the Auburn School District and Green River Community
College golf programs.
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Instructing and testing Juniors in the knowledge of
golf rules and courtesies, as well as preparing,
planning, and implementing Junior golf clinics,
including volunteering twenty hours to the city
sponsored Youth Golf Program and Youth Tournament.
Provide a minimum of 24 hours of adult golf lessons
Agreement -Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 5 {agree/a-agc95}
May 3, 1995
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for the City to be compensated through instruction
agreement. All lessons and clinics to be conducted
by a PGA registered professional.
k.
Directing play on the course on a regular basis,
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speeding up play and monitoring player conduct and
adherence to City of Auburn golf rules.
Keeping the golf pro shop open in accordance with
the schedule as set by the City of Auburn.
m.
Operating, managing, and supervising the food and
beverage
concessions
and
in
the
Clubhouse,
furnishing an adequate stock of food and beverage
supplies and all the necessary equipment for the
operation of the concessions.
n.
Furnishing an adequate supply of golf clubs, golf
carts, including all supplies necessary for their
operation, and golf equipment available for rent as
necessary in the golf course operation, and prices
charged
consistent with prices
at
shall
be
comparable courses.
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Providing a minimum of 15 power golf cars which must
be kept in above-average condition, and must be
replaced and maintained on a regularly-scheduled
program. Records are to be kept on all inspections
and repairs for each golf car in the fleet. Golf
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 6 {agree/a-agc95}
May 3, 1995
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cars with broken windshields, cracked tops, and
other damage will not be allowed on the course.
p.
Providing score cards at no expense to the CITY.
CITY must review and approve all sponsors on
scorecards.
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Maintaining the interior of the building, equipment,
appliances, and furnishings in same or better
condition existing at the commencement of the lease.
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Paying all utilities associated with the clubhouse
facilities,
including
lights,
garbage
heat,
collection, storm sewer charges and telephone.
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Submitting to the Director of Parks and Recreation
by January 15 of each year a schedule of all fees to
be charged for lessons, rentals, and snack bar.
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Conforming to adopted policies regarding the hiring
and employment of minorities and women, which are
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contained in the City's Affirmative Action Plan.
Insure that all signage in and around the clubhouse
and pro shop is of professional quality and
appearance.
v.
Speak to service clubs and other groups to promote
the Auburn Golf Course as requested by the City.
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 7 {agree/a-agc95}
May 3, 1995
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SECTION 3. DUTIES. RESPONSIBILITIES OF CITY
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3.1 Parks and Recreation Director.
The Parks and
3 Recreation Director shall be the designated representative of
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3.2 Maintenance. The CITY shall be responsible for the
6 maintenance of golf course grounds, parking area, foundation,
7 rest room fixtures, plumbing, heating, electrical, exterior
8 and roof, and replacing windows.
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3 . 3 Golf Course Play Director.
The CITY may, at its
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11 director at the course. The golf play director shall be under
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3.4 Rules and Requlation. The CITY OF AUBURN shall fix
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Rules and. regulations for the operation for the golf
course, golf pro shop, and clubhouse, including but
a.
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not limited to:
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The minimum number of hours of play for which
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the course is to be kept open each day and each
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week.
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The minimum number of hours the golf pro shop
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is to be kept open each day and each week.
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit" A"
Page 8 {agree/a-agc95}
May 3, 1995
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b.
The amount of all fees, including but not limited
to:
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1)
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Green fees; and
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Private golf car daily fees.
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3.5 Course Closure. The CITY will have the authority to
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close the course or prevent power golf cars on the course due
to the inclement weather conditions.
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SECTION 4. CONSIDERATION.
4.1 The PRO shall transfer the following to the CITY:
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a. All daily green fees collected, without deduction.
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b. All fees paid for the use of private golf cars on
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the course.
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4.2 The PRO shall be entitled to the following:
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a.
Fourteen percent (14%) commission of .the gross
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proceeds (excluding state sales tax) up to $600,000
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of green fees and private golf cars on course fees;
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gross proceeds over $600,000 shall be paid at a rate
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of 10% to the PRO. The commission to be paid twice
monthly by the CITY.
b.
All the gross receipts from all food and beverage
service operations in the clubhouse.
c.
All the gross receipts from sales in the pro shop.
All the gross receipts from the rental of golf clubs
and pull carts.
d.
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 9 {agree/a-agc95}
May 3, 1995
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e. All income received by the professional from private
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golf lessons given on the course by him.
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f. All income from power golf cart rentals, except an
annual lump sum cart path fee in the amount of
$5,000 to be paid to the CITY by September 1st each
year.
g. Should a capital improvement fee be implemented to
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cover capital expenditures for maj or improvements,
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no percentage of this fee will be paid to the PRO.
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4.3 The
his
provide
at
PRO may,
own
expense,
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improvements to the clubhouse facility with written approval
from the Director of Parks and Recreation.
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4.4 The PRO shall, at his own expense, be allowed to
install a gate in the fence at his residence bordering the
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golf course. This access is intended for golf course security
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purposes only and must be removed, at his own expense, should
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he move or receive written notice from the city for removal.
SECTION s. COLLECTION OF FEES BY PRO.
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5.1 The PRO shall cause to be delivered to the CITY on a
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daily basis or as established by the CITY, all monies
collected due and owing to the CITY, or otherwise required to
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be transferred to the CITY.
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5.2 The PRO shall install and maintain a system of
records and accounts approved by the City of Auburn Finance
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 10 {agree/a-agc95}
May 3, 1995
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Department from which the amounts of fees and revenues can be
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readily ascertained.
The PRO shall permit the CITY, through
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its designated representatives, to inspect such accounts and
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all other records of the PRO at any reasonable time upon
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demand.
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SECTION 6. INDEMNIFICATION. INSURANCE. BOND.
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6.1 Indemnification.
The PRO agrees to defend,
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indemnify and hold harmless the CITY, its appointed and
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elected officials, officers, or employees, and agents from and
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against all of their costs or expenses, including attorney's
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fees and costs for liability imposed by law upon the CITY, its
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elected or appointed officers, employees, or agents, or
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agents, for all claims, demands, and litigation for damages
for injury or death or damage to persons or property arising
out of or resulting from any contractual liability obligation
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assumed hereunder or any act or omission on the part of the
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PRO, his agents, employees or subcontractors.
PRO is an
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independent contractor and agrees to conduct all activities to
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maintain that status and PRO agrees to indemnify and hold the
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CITY harmless from any and all claims that are imposed on CITY
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due to allegations of employee/employer status.
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 11 {agree/a-agc95}
May 3, 1995
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6.2 Insurance.
The PRO shall provide and maintain, at
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his own cost and expense, in forms satisfactory to the CITY
and naming the CITY as additional insured thereunder, a policy
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or policies of each of the following types of insurance:
a.
A combined single limit liability insurance covering
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personal
injury liability,
injury and
bodily
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property damage liabili ty , in an amount not less
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than ONE MILLION DOLLARS ($1,000,000), which amount
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may
be
modified
event
market
in
upwards
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circumstances indicate a prudent business practice
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would require additional insurance.
Said insurance
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shall be on the comprehensive general liability form
with coverage to include premises liability, liquor
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legal liability, golf cart liability,
blanket
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contractual liability, owners and PRO'S protective
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liability (covering work performed for the PRO by
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independent contractors rather than employees),
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products and complete operations liability and
stopgap liability. PRO to provide a certificate of
insurance to the CITY and the WCIA.
b.
Workmen's Compensation Insurance .and Employer's
Liability Insurance for all employees of the PRO.
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 12 {agree/a-agc95}
May 3, 1995
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c.
Automobile liability insurance for owned automobiles
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in an amount not less than ONE MILLION DOLLARS
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($1,000,000).
Certificate and notification in
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amount as per paragraph "a" above.
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6.3 Fidelity Bond. The PRO shall continuously maintain
at his expense a blanket fidelity bond covering collection of
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fees on the premises by the PRO or his agents, employees or
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subcontractors, for the benefit of the CITY. The bond shall
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be an amount not less than TWENTY-FIVE THOUSAND DOLLARS
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($25,000), which amount may be increased at option of CITY as
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amount of cash handled increases.
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6.4 Proof of the above requirements must be provided by
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the CITY upon execution of an agreement.
The policies
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required herein shall provide not less than thirty (30) days
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prior written notice to the CITY of any cancellation,
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expiration,
or reduction in coverage or
modification,
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liability limits.
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SECTION 7. INDEPENDENT CONTRACTOR.
The parties agree and acknowledge that the PRO is an
independent contractor and not the agent or employee of the
City of Auburn, and that no liability shall attach to the CITY
as a result of the acts or omissions of the PRO, his agents,
employees.
Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 13 {agree/a-agc95}
May 3, 1995
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SECTION 8. TERMINATION.
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8.1 The CITY shall have the right to terminate this
Agreement upon the failure of the PRO to fully and faithfully
perform any duty or obligation set forth in this Agreement
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and/or the rules and regulations for the performance of golf
professional services. CITY waiver of right to terminate for
any event does not constitute a waiver of the right.
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8.2 In the event that the CITY shall terminate the
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rights granted to the PRO under this Agreement, the CITY shall
have the right to:
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a.
Enter the golf pro shop and golf course and take
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immediate sole possession thereof.
b.
Bring suit for and collect all fees and portion of
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gross revenue or any other monies required to be
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paid to the CITY which shall have accrued to the
time of the termination of the PRO'S rights.
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SECTION 9. TAXES.
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9.1 As an independent contractor, the PRO recognizes
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that he is responsible for all federal income taxes, self-
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employment taxes, and all other city, state, and federal taxes
applicable to the performance of and receipt of compensation
in accordance with the conduct of this Agreement and agrees to
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. pay all such amounts and to indemnify and hold the CITY
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 14 {agree/a-agc95}
May 3, 1995
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harmless from any claims to such amounts ordered including
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City Attorney fees and costs.
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SECTION 10. MISCELLANEOUS.
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10.1 Assignment. This Agreement shall not be assignable
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or transferrable.
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10.2 The PRO shall not make any alterations, changes, or
additions to the golf pro shop or to any fixtures or equipment
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owned by the CITY without first having obtained the written
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consent of the CITY thereto; provided that any alterations,
changes, or additions consented to shall be made at the sole
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cost and expense of the PRO and shall become the property of
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the CITY upon termination of the golf professional services
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from whatever cause or upon expiration of this Agreement. In
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event PRO makes any al terations, changes or addi tions, he
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shall not allow any liens or circumstances of any kind to
effect property and shall immediately cause them to be removed
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and shall pay for all City Attorney fees and costs incurred to
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remove same.
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10.3 The PRO has no authority to let, sublet, or assign
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the golf pro shop or any portion of either to any other
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individual or firm.
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10.4 The PRO shall receive written approval from the
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Director of Parks and Recreation prior to allowing or the
placing of advertisements in the club house or score cards.
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 15 {agree/a-agc95}
May 3, 1995
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10.5 The PRO shall not commit, permit, or allow any
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nuisance, waste, or injury in, upon or to the golf course or
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golf pro shop or any portion of either, or to permit the use
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of the golf course or golf pro shop for any illegal or immoral
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purpose.
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10.6 The CITY and PRO mutually agree that this Agreement
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may only be altered, amended, or appealed by duly executed
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written instrument approved by the governing body of the city
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of Auburn.
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10.7 The Auburn Parks and Recreation Director shall
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conduct an evaluation of the PRO'S performance during the
month of December in each year.
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10.8 The PRO agrees to comply with all local, state and
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federal laws applicable to his performance under the terms of
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this Agreement.
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10.9 Should it become necessary to enforce any term or
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obligation of this Agreement, then all costs of enforcement
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including reasonable attorneys' fees, expenses and court costs
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shall be paid to the substantially prevailing party.
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 16 {agree/a-agc95}
May 3, 1995
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CITY OF AUBURN
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~c..~~
CHARLES A. BOOTH
MAYOR
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ATTEST:
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Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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i
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Michael J. Reynolds,
City Attorney
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GOLF PROFESSIONAL
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 17 {agree/a-agc95}
May 3, 1995
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STATE OF WASHINGTON )
ss
COUNTY OF KING )
On this clftifJ.. day of \In<<1' 1995, before me,
the undersigned Notary Public in and for the State of
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washington, duly commissioned and sworn, personally appeared
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DOUGLAS J. CAMPBELL, to me known to be the individual
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described in and who executed the foregoing instrument, and
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acknowledged to me that he signed and sealed this instrument
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to be his free and voluntary act and deed for the uses and
purposes therein mentioned.
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GIVEN under my hand and official seal hereto affixed the
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day and year first above written.
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NOTARY PUBLIC in and for
Washington, residing at
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MY COMMISSION expires:
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Agreement-Auburn Golf Course
Resolution No. 2641 Exhibit "A"
Page 18 {agree/a-agc95}
May 3, 1995