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HomeMy WebLinkAbout3308 RESOLUTION NO. 3 3 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE AN AGREEMENT FOR GOLF PROFESSIONAL SERVICES ON AUBURN GOLF COURSE BETWEEN THE CITY AND DOUGLAS J. CAMPBELL. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of 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 Exhibit "A" and made a part hereof as though set forth in full herein. Section2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this I~ ~ day of December, 2000. CITY OF AUBURN CHARLES A. BOOTH MAYOR Resolution No. 3308 December 13, 2000 Page 1 of 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3308 December 13, 2000 Page 2 of 2 Resolution 3308 - Exhibit A AGREEMENT FOR GOLF PROFESSIONAL SERVICES ON AUBURN GOLF COURSE THIS AGREEMENT, made and entered into this ~ day of December, 2000, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Douglas J. Campbell, individually and his marital community, jointly and severally, a Golf Professional, residing at 10328 Southeast 304th Place, Auburn, Washington 98092, hereinafter referred to as "PRO." WHEREAS, the CITY is owner of Auburn Golf Course, ownership includes the land upon which said golf course is located, the buildings, and other improvements which are part thereof; and WHEREAS, the services of a licensed Golf Professional at Auburn Golf Course are desired so as to provide golf professional services, including the collection of green fees, pro shop merchandise, sales, golf cart and equipment rental, the operation of the snack bar, providing a lesson program, and perform all maintenance in and around the clubhouse; and WHEREAS, Mr. Campbell has provided professional golf services at the course since 1986; 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 Professional Service Resolution No. 3308, Exhibit "A" Page I of 21 December 13, 2000 Section 1. TERM OF AGREEMENT 1.1 This Agreement shall commence on January 1, 2001, and shall terminate on December 31, 2005. The PRO must give the CITY written notice at least one hundred eighty (180) days prior to the termination of the initial period of his desire to extend this Agreement. Such notice timely given shall confer upon the PRO the exclusive right to negotiate with the CITY for an extension of the Agreement for a period of sixty (60) days. If such notice is not timely given, or if the sixty (60) days shall have expired without a new agreement being negotiated, the CITY shall be free to negotiate with all other parties for professional services. 1.2 The CITY grants and accords, for the term and upon conditions and provisions hereinafter specified, the concession rights and privileges; and the Concessionaire accepts the full responsibility and obligation to manage and operate portions of the Auburn Golf Course, in particular the clubhouse interior facilities; and exterior facilities to include the cart storage area and fuel facility, clubhouse entry walks, and exterior seating areas adjacent to the clubhouse. Such facilities shall hereinafter be referred to as the "CONCESSION PREMISES". Section 2. DUTIES AND RESPONSIBILITIES OF PRO 2.1 All services rendered by the PRO shall be in accordance with the P.G.A. Code of Ethics. The PRO'S responsibilities shall include the operation of the clubhouse facilities, snack bar, and pro shop, and provide services to include collection of green fees as set forth in Section 5, provide lessons, Agrccmcnt Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 2 of 21 December 13, 2000 and provide a tournament program. The PRO shall provide competent personnel necessary for such operations and shall 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 conduct any other business or social activity on the golf course premises, or use the golf course, clubhouse, or golf 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 conflict with the responsibilities and duties of the PRO under this Agreement, without the express written consent of the CITY. The parties agree that their respective duties and responsibilities are in accordance with the requirements and conditions of the Rules, which Rules are incorporated and by reference made a part of this Agreement. 2.2 Except as otherwise provided in this Agreement, the PRO shall have the exclusive right on the golf course: a. To display, sell, rent, and otherwise supply and sell to the public all golf goods, clothing, merchandise, golf equipment, golf carts, and power golf carts. b. To operate shop services on the premises for the repair and maintenance of golf clubs and other golfing equipment. Agreement Auburn Golf Course Professional Scrvicc Resolution No. 3308, Exhibit "A" Page 3 of 21 December 13, 2000 c. To give golf instruction to all groups and levels of public players and make charges therefor. d. To be responsible for the operation and management of a snack bar in the clubhouse during hours the clubhouse is open; and from May to September, on a one (1) year trial basis, the operation ora snack cart on the course, except during inclement weather. An operations time schedule will be submitted to CITY. 2.3 The PRO shall have the following responsibilities in the operation, management, and supervision of the golf course including: a. Promoting good will with the golfing public and treating the public in a courteous manner, and utilizing effective public relations methods. All Pro shop employees must be appropriately dressed. b. Support, enforce, and explain all rules and operations established by the CITY of Auburn to staff and the golfing public. c. Directing the play and conduct of all persons on the golf course, including keeping offtrespassers, and preventing injury to the golf course by players and others. Schedule for directing play on the course must be submitted and approved by the CITY each year. 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 tees. Agreement -Aubum Golf Course Professional Service Resolution No. 3308, Exhibit "A" ['agc 4 of 21 December 13, 2000 f. Reserving starting time for daily play, league, and tournament; and acting as a starter of play. g. Making a daily physical inspection of the concession premises, adjacent CITY grounds, and reporting any unusual or unsafe conditions observed during said inspection to the Department of Parks and Recreation immediately. h. Provide routine maintenance and janitorial services and supplies, to include all cleaning supplies and paper products, for the golf clubhouse. The janitorial services shall be performed in a professional manner using professional equipment and supplies. Daily empty and wash waste receptacles; clean grill and other kitchen equipment; properly arrange t~trniture; clean and disinfect sinks; clean entry ways, mats, and landing areas; spot clean spills and tracked areas as needed; secure windows and doors upon completion of work; leave on only designated lights; clean, disinfect and sanitize restroom fixtures and fittings; restock restroom fixtures; sweep or mop all hard surface flooring; vacuum all carpeted areas. Weekly - damp wipe display equipment, furniture and kitchen equipment; damp wipe display cases and equipment, furniture, window sills and ledges, and kitchen equipment; wash and disinfect restroom partitions, counters and doors; Agreement Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 5 of 21 December 13, 2000 Quarterly - clean all windows inside and out; dust and wipe down vents, light fixtures, exposed pipes, fire extinguishers, etc. Annually - strip and apply two coats of floor finish on all hard surface flooring; wash light fixtures, shampoo all carpeted areas. The PRO agrees to keep the concession premises in a clean, orderly, and sanitary condition at all times to the satisfaction of the CITY and King County Health Department. i. Maintaining a close relationship and cooperation with the Auburn School District and Green River Community College golf programs. j. Instructing and testing Juniors in the knowledge of golf rules and coortesies, as well as preparing, planning, and implementing Junior golf clinics, including volunteering twenty (20) hours to the CITY sponsored Youth Golf Program and Youth Tournament. Provide a minimum of twenty-four (24) hours of adult golf lessons for the CITY to be compensated through instruction agreement. All lessons and clinics to be conducted by a PGA registered professional. k. The PRO will furnish, at his expense, marshall services at the Auburn Golf Course. Marshall services will be provided a minimum of eight hours a day April 1st through September 1st. At other times of the year marshall services will be provided Fridays, Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 6 of 21 December 13, 2000 Saturdays, Sundays, and holidays as determined by the CITY and PRO. 1. All marshalls shall attend a minimum of two (2) hours of instruction on their expected duties and responsibilities. 2.Marshall services shall be done in an approved vehicle. 3. Playing golf or ball hunting, while acting as marshall, is not acceptable. 4.Marshall on duty will: · verify that each player has a current cash register receipt · monitor player conduct · see that all course and city policies are observed · manage the speed of play on the course · immediately report any problem or safety issues on the course to the clubhouse. 1. 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 in the Clubhouse, and 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 shall be consistent with prices at comparable courses. An inventory in the pro shop shall have a minimum Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 7 of 21 December 13, 2000 wholesale value of Thirty Thousand and No/100s Dollars ($30,000.) during the months of April through September in the year 2001, and will be increased five (5) percent annually thereafter. Inventory may be reduced during the slow play time of October through March. o. Providing a minimum of forty (40) power golf carts, 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 cart in the fleet. Golf carts with broken windshields, cracked tops, and other damage will not be allowed on the course. Golf carts that are damaged, inoperable, or not meeting the conditions as spelled out in this agreement, must be removed from the golf course premises within two (2) weeks. Cart storage and maintenance areas must be kept in a clean and orderly condition. The storage of batteries, cart supplies, and fuel must be in accordance with all CITY and State regulations. The City maintains the right to request the conversion to electric carts. A minimum of four years notice will be given for this conversion. p. Providing score cards at no expense to the CITY. CITY must review and approve all sponsors and advertising on scorecards. q. Maintaining the interior of the building, equipment, appliances, and furnishings in a good working condition. Replacement of Agreement- Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 8 of 21 December 13, 2000 interior of the building, equipment, appliances, and thmishings must bc equal to, or better than, the equipment being replaced. PRO will paint the interior of the clubhouse and repair/replace worn carpet during the first year of this contract unless there are plans to demolish and relocate the clubhouse within the first two (2) years of this agreement. r. Paying all utilities associated with the clubhouse facilities, including lights, heat, garbage collection, storm sewer charges, and telephone. s. Submitting to the Director of Parks and Recreation, by January 15th of each year, a schedule of all fees to be charged for lessons, rentals, and snack bar. t. Conforming to adopted policies regarding the hiring and employment of minorities and women, which are contained in the City's Affirmative Action Plan. u. 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. w. Completing an annual Marketing Plan which defines strategies and tactics for increasing individual play, tournament play, and lessons. The PRO shall provide the plan to the CITY during the fourth (4th) quarter of each year for review and approval. PRO is responsible Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 9 of 21 December 13, 2000 for expending at least Four Thousand and No/100s Dollars ($4,000) per year on implementing elements defined in the annual Marketing Plan. The CITY will also be responsible for an expenditure of at least Four Thousand and No/100s Dollars ($4,000) to implement this plan. (For the year 2001, the plan shall be submitted in the fourth (4th) quarter of 2000). Section 3 DUTIES AND RESPONSIBILITIES OF CITY 3.1 Parks and Recreation Director. The Parks and Recreation Director shall be the designated representative of the CITY. 3.2 Maintenance. The CITY shall be responsible for the maintenance of the golf course grounds, parking area, foundation, electrical, exterior, roof, and replacing windows. The PRO shall be responsible for the maintenance of the Golf course restroom fixtures, plumbing, and heating. 3.3 Golf Course Play Director. The CITY may, at its sole option, at its own cost and expense, provide a golf play director at the course. The golf play director shall be under the direction of the CITY and shall check that all players have paid the necessary fees and been issued receipts. 3.4 Rules and Regulations. The CITY of AUBURN shall fix the following: a. Rules and regulations for the operation for the golf course, golf pro shop, and clubhouse, including, but no limited to: 1. The minimum number of hours of play for which the course is to be kept open each day and each week. Agreement Auburn Golf Course ProfessionalService Resolution No. 3308, Exhibit "A" Page 10of21 December 13, 2000 2. The minimum number of hours the golf pro shop is to be kept open each day and each week. b. The amount of all fees, including but not limited to: 1. Green fees; and 2. Private golf cart daily fees. 3.5 Course Closure. The CITY will have the authority to close the course or prevent power golf carts on the course due to the inclement weather and grounds conditions. Section 4. CONSIDERATION. 4.1 The PRO shall transfer the following to the CITY: a. All daily green fees collected, without deduction. b. All fees paid for the use of private golf carts on the course. 4.2 The PRO shall be entitled to the following and must keep income and expense records in each category (a, b, c, d, and e) and submit this information to the City during the first quarter of the following year: a. Fourteen pement (14%) commission of the gross proceeds (excluding state sales tax) up to $600,000 of green fees and private golf carts on course fees; gross proceeds over $600,000 shall be paid at a rate often percent (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. Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 11 of 21 December 13, 2000 c. All the gross receipts from sales in the pro shop. d. All the gross receipts from the rental of golf club and pull carts. e. All income received by the professional from private golf lessons given on the course by him. 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; and fee will increase five percent (5%) each year thereafter. This fee will be paid by September 1st each year. g. Should a capital improvement fee be implemented to cover capital expenditures for major improvements, no percentage of this fee will be paid to the PRO. All funds will be deposited in an account that can only be used for the construction of a new clubhouse, parking, or other major on-course improvements. 4.3 The PRO may, at his own expense, provide additional improvements to the clubhouse facility with written approval from the Director of Parks and Recreation. 4.4 The PRO shall, at his own expense, be allowed to install and maintain a gate in the fence at his residence bordering the golf course. This access is intended for golf course security purposes only and must be removed, at his own expense, should he move or receive written notice from the CITY for removal. Section 5. COLLECTION OF FEES BY PRO. Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 12 of 21 December 13, 2000 5.1 The PRO shall cause to be delivered to the CITY on a daily basis, or as established by the CITY, all monies collected due and (~wing to the CITY, or otherwise required to be transferred to the CITY. 5.2 The PRO shall install and maintain a system of records and accounts approved by the City of Auburn Finance Department from which the amount of fees and revenues can be readily ascertained. The PRO shall permit the CITY, through its designated representatives, to inspect such accounts and all other records of the PRO at any reasonable time upon demand. 5.3 The PRO accepts complete responsibility for acceptance of bad checks and will reimburse the CITY for amount of checks plus any additional incurred expenses. Section 6. INDEMNIFICATION, INSURANCE, BOND. 6.1 Indemnification. The PRO agrees to defend, indemnify, and hold harmless the CITY, its appointed and elected officials, officers, or employees, and agents from and against all of their costs or expenses, including attorney's fees and costs for liability imposed by law upon the CITY, its elected or appointed officers, employees, or 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 assumed hereunder or any act or omission on the part of the PRO, his agents, employees, or subcontractors. PRO is an independent contractor and agrees to conduct all activities to maintain that Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 13 of 21 December 13, 2000 status and PRO agrees to indemnify and hold the CITY harmless from any and all claims that arc imposed on CITY due to allegations of employee/employer status. 6.2 Insurance. The PRO shall provide and maintain, at his own cost and expense, in forms satisfactory to the CITY and naming the CITY as additionally insured thereunder, a policy or policies of each of the following types of insurance: a. A combined single limit liability insurance covering personal injury liability, bodily injury, and property damage liability in an amount not less than One Million Dollars ($1,000,000), which amount may be modified upwards in event market circumstances indicate a prudent business practice would require additional insurance. Said insurance shall be on the comprehensive general liability form with coverage to include premises liability, liquor legal liability, golf cart liability, blanket contractual liability, owners and PRO'S protective liability (covering work performed for the PRO by independent contractors rather than employees, 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 Professional Service Resolution No. 3308, Exhibit "A" Page 14 of 21 December 13, 2000 c. Automobile liability insurance for owned automobiles in an amount not less than One Million Dollars ($1,000,000). Certificate and notification in amount as per paragraph "a" above. 6.3 Fidelity Bond. The PRO shall continuously maintain at his expense a blanket fidelity bond covering collection of fees on the premises by the PRO or his agents, employees, or subcontractors for the benefit of the CITY. The bond shall be an amount not less than Twenty-Five Thousand Dollars ($25,000), which amount may be increased at option of CITY as amount of cash handled increases. 6.4 Proof of the above requirements must be provided by thc CITY upon execution of an agreement. The policies required herein shall provide not less than thirty (30) days prior written notice to the CITY of any cancellation, expiration, modification, or reduction in coverage or liability limits. 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 thc CITY as a result of the acts or omissions of the PRO, his agents, or employees. Section 8. TERMINATION 8.! 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 and/or the rules and regulations for the performance of golf professional services. Agreement Auburn Golf Course Professional Service Resolution No. 3308, Exhibit '~A" })age 15 of 21 December 13, 2000 8.2 In the event that the CITY shall terminate the rights granted to the PRO under this Agreement, the CITY shall have the right to: a. Enter the golf pro shop and golf course and take immediate sole possession thereof. b. Bring suit for and collect all fees and portions of gross revenue or any other monies required to be paid to the CITY which shall have accrued to the time of the termination of the PRO'S rights. Section 9. TAXES 9.1 As an independent contractor, the PRO recognizes that he is responsible for all federal income taxes, self-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 pay all such amounts and to indemnify and hole the CITY harmless from any claims to such amounts ordered including City Attorney fees and costs. Section 10. MISCELLANEOUS. 10.1 Assignment. This Agreement shall not be assignable or transferable. 10.2 The PRO shall not make any alterations, changes, or additions to the golf pro shop or to any fixtures or equipment owned by the CITY without first having obtained the written consent of the CITY thereto; provided that any alterations, changes, or additions consented to shall be made at the sole cost and expense of the PRO and shall become the property of the CITY upon termination of the golf professional services from whatever cause or Agreement Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 16 of 21 December 13, 2000 upon expiration of this Agreement. In event PRO makes any alterations, changes, or additions, he shall not allow any liens or circumstances of any kind to effect property and shall immediately cause them to be removed and shall pay for all City Attorney fees and costs incurred to remove same. 10.3 The PRO has no authority to let, sublet, or assign the golf pro shop or any portion of either to any other individual or firm. 10.4 The PRO shall receive written approval from the Director of Parks and Recreation prior to allowing or the placing of advertisements in the club house or score cards. 10.5 The PRO shall not commit, permit, or allow any nuisance, waste, or injury in, upon, or to the golf course or golf pro shop, or any portion of either, or to permit the use of the golf course or golf pro shop for any illegal or immoral purpose. 10.6 The CITY and PRO mutually agree that this Agreement may only be altered, amended, or appealed by duly executed written instrument approved by the governing body of the City of Auburn. 10.7 The Auburn Parks and Recreation Director shall conduct an evaluation of the PRO'S performance during the month of December in each year. 10.8 The PRO agrees to comply with all local, state, and federal laws applicable to his performance under the terms of this Agreement. 10.9 Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement, including reasonable attorneys' Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 17 of 21 December 13, 2000 fees, expenses, and court costs shall be paid to the substantially prevailing party. 10.10 Should the CITY construct a new clubhouse at the Auburn Golf Course during the term of this agreement the CITY reserves the right to call for proposals for a new contract for a golf course professional. Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 18 of 21 December 13, 2000 CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: 'Danieqle Daskam, City Clerk APPROVED AS TO FORM: M~chael J Reynolds, City Attorney GOLF PROFESSIONAL ~-'~OUGL'~S J. C~MPBELff I Agreement - Auburn GoLf Course Professional Service Resolution No. 3308, Exhibit "A" Page 19 of 21 December 13, 2000 STATE OF WASHINGTON ) ss COUNTY OF KING ) On this o~9~7 Ray of ~ , 2000, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DOUGLAS J. CAMPBELL, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed this instrument to be his free and voluntary act and deed for the uses and purposes therein mention. Given under my hand and official seal hereto affixed the day and year first above written. ~ "'. l ~..~.-"~S NO;~ARY PUBLIC in an~r the State of '~ 74~ ~ ~shington, residin~at MY COMMISSION EXPI~S: Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 20 of 21 December 13, 2000 STATE OF WASHINGTON ) ) ss COUNTY OF KiNG ) On this o~e{,day of ~), 2000, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH AND DANIELLE DASKAM, to me known to be the Mayor and City Clerk for the City of Auburn, Washington, respectively, and who executed the foregoing instrument, and acknowledged to me that they signed and sealed this instrument to be his free and voluntary act and deed for the uses and purposes therein mention. Given under my hand and official seal hereto affixed the day and year first above written. ~-% ~ /~. ~0.~ ~, '.. ;~-oBL~O : $ NOTARY PUBLIC in and for the State of q~,~ .....?....17~xr~,~.~ Washington, residing at Agreement - Auburn Golf Course Professional Service Resolution No. 3308, Exhibit "A" Page 21 of 21 December 13, 2000