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Golf Pro Agreement Bunker HillCITY OF DUBUQUE, IOWA MEMORANDUM February 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Management Agreement for Bunker Hill Golf Course Leisure Services Manager Gil Spence is recommending approval of a new Management Agreement with G.M.S., Inc. (George Stephenson) for the Buaker Hill Golf Course. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 13, 2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Management Agreement for Bunker Hill Golf Course INTRODUCTION The purpose of this memorandum is to recommend that the City Council enter into a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course, for the period beginning Mamh 1, 2001, and ending November 30, 2001. DISCUSSION The attached agreement represents the change in operational structure of the Bunker Hill Golf Course approved by the City Council. The city is assuming the responsibility of the operation of the pro shop, concessions and golf carts, which had been the golf pro's responsibility. I have reviewed this agreement with Personnel Manager Randy Peck, Corporation Counsel Barry Lindahl, and George Stephenson, and everyone agrees we have accurately captured the duties and responsibilities of the golf professional position. With this change in operational structure we have reduced the golf pro's means of generating income for himself so his salary has increased from $10,950 to $55,000. This salary is based on the salary and benefits of the golf course superintendent. The Park and Recreation Commission reviewed and approved the agreement at their February 13th meeting. ACTION STEP The action requested is for the City Council to approve the management agreement with G.M.S., Inc. and authorize you to sign it. GDS:et attachment MANAGEMENT AGREEMENT FOR BUNKER HILL GOLF COURSE Between ~ CITY OF DUBUQUE and G.M.S., INC. (George Stephenson) This Agreement, executed in duplicate, made and entered into this 1st day of January, 2001, by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and G.M.S., Inc. (George Stephenson)(Golf Pro), whose address for the purpose of this Lease is Bunker Hill Golf Course, 2200 Btmkar Hill Road, Dubuque, Iowa. WHEREAS, the City is engaged in the operation and maintenance of the public facility called Bunker Hill Golf Course and the City desires to engage a competent and qualified golf professional to manage certain services at Bunker Hill Golf Course; and WHEREAS, the Golf Pro is desirous of procuring from the City the right to manage the services and is a competent and qualified golf professional willing and able to manage the said golf course and qualified to provide the requisite services associated therewith; and WI-IEREAS, the public interest and welfare will be served and the facilities of Bunker Hill Golf Course materially enhanced by the City entering into this Agreement with the Golf Pro who will manage certain services to the public patronizing the golf course. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, it is agreed by and between the parties hereto as follows: 1. TERM OF AGREEMENT. The City grants to the Golf Pro for a period of nine months beginning March 1, 2001, and ending November 30, 2001, the right to manage the Bunker Hill Golf Course upon the terms and conditions set forth herein. 2. DUTIES OF GOLF PRO. The Golf Pro shall: a. Schedule and supervise play at the Bunker Hill Golf Course; b. Recommend to the Leisure Services Manager for hire and supervise attendants to sell golf tickets, season passes, permanent tee times and tournament fees to golfers, all at the expense of the City. The attendants shall be on duty continuously during golfing hours on all weekdays, Saturdays, Sundays and holidays during the golfing season; c. Supervise the operation and maintenance of the concession room for the sale of soft drinks, Confections, beer, liquor and food, consistent with the laws and regulations of the City of Dubuque and the state of Iowa. The Golf Pro and Leisure Services Manager shall establish a price list prior to March 1st for such items sold at the concession room, and such prices shall be in effect unless the Leisure Services Manager makes changes. The concession operation shall include a general line of beer, mixed drinks, food, etc., such as are commonly found aVailable in similar places. The concession room shall be open and available to the public at times and hours each day during the golfing season as established by the Leisure Services Manager. Evening closing shall not be later than 11:00 p.m., unless reserved for special events. d. Keep the golf carts in a clean condition. A sufficient number of motorized golf carts will be provided by the City to meet the needs of the public. The following guidelines shall be used in renting motorized golf carts: (1) Carts shall not be rented to any person not holding a validly issued motor operator's license. (2) The Golf Pro shall not permit more than two (2) persons to occupy any motorized golf cart. (3) Liability release forms approved by the Leisure Services Manager shall be signed by each golf cart operator prior to operating a cart. (4) The Golf Pro and the Leisure Services Manager shall establish all fees to be charged for renting motorized golf carts. e. Collect for the City all green fees, permanent tee time fees, season pass fees and tournament fees and promptly remit the same to the City in accordance with policies adopted by the City. f. Make a true and accurate report of all green fees, season pass fees, permanent tee time fees, and tournament fees collected and accounting for all tickets, etc., issued by pro shop for sale on a daily basis, on forms provided by the Leisure Services Manager. g. Cooperate with City employees who have the obligation of maintaining the golf course. The Golf Pro shall keep the premises and the area contiguous to the building in a tidy and presentable enndition at all times. The Golf Pro shall use reasonable diligance to clean any other area where refuse accumulates from or is caused by the concession operation. h. Make a tree and accurate report of all pro shop sales, concession sales, and cart rentals on a daily basis on forms provided by the Leisure Services Manager. 2 i. Deposit nightly any money collected for or on behalf of the City. The Golf Pro shall be responsible for the loss of any money collected and for any property belonging to the City, and for the failure of the Golf Pm or the employees to fully, truly and accurately account any money collected for the City. j. Keep the premises (snack bar, pro shop, rest rooms, pro office, storage areas) and the area adjacent to the building in a tidy and presentable condition at all times. The Golf Pro shall make sure the premises and equipment are thoroughly cleaned and remove products to proper storage, within seven (7) days of the golf course closing. The Golf Pro shall use his best efforts to prohibit any unlawful or disorderly conduct on the premises, and he shall assist the City in enforcing all the rules and regulations of the City/County Board of Health. 3. INDEPENDENT CONTRACTOR RELATIONSItIP; COMPENSATION. The relationship between the City and the Golf Pro shall be one of independent contractor and not one of employer and employee. The compensation of the Golf Pro shall be a total of fifty-five thousand dollars ($55,000.00) to be paid by the City to the Golf Pro in biweekly installments for the period from March 1, 2001 to November 30, 2001. The City shall pay the Golf Pro's dues/membership to the National Golf Foundation, and U.S.G.A. The Golf Pro shall receive any retirement incentive associated with the purchase of pro shop merchandise. Either the Golf Pro or the Assistant Golf Pro shall be present at all times the golf course is open, unless otherwise approved by the Leisure Services Manager. Thc Golf Pro shall be permitted to give lessons in the designated area. 4. GOLF PRO'S PROFESSIONAL ACTIVITIES. The Golf Pro shall be permitted reasonable time for participation in golf tournaments and other professional activities such as schools and seminars, which are necessary to maintain and improve his professional status. It shall be a condition of this Agreement that the Golf Pro shall remain a class "A" P.GA. member. 5. SUPPLIES AND EQUIPMENT. The Golf Pro shall purchase for the City all supplies and equipment used in the pro shop, concession area and cart concessions, with the prior approval of the Leisure Services Manager. 6. ATTENDANTS AND OTHER EMPLOYEES. The Golf Pro shall recommend to the Leisure Services Manager for hire, at the City's expense, supervise and schedule rangers to assist at the golf course during times of increased play. 3 The Golf Pro shall recommend to the Leisure Services Manager for hire and supervise and schedule the assistant golf pro and concession manager and all employees necessary for the efficient operation of the clubhouse and the pro shop 7. TOURNAMENTS. The Golf Pro shall be responsible for organizing and conducting at least three junior, three women's and three men's tournaments during the term of this Agreement. The tournaments shall be designed to promote the use of the Bunker Hill Golf Course and shall be subject to the approval of the Leisure Services Manager. 8. PERSONAL PROPERTY. Any personal property of the Golf Pro on the premises covered by this Agreement shall be maintained at the risk of the Golf Pro, and the City shall not be liable for any damage, either to person or property, sustained by the Golf Pro or other persons, due to any condition of the premises or any part or ap- purtenance thereof. 9. NONASSIGNABILITY. The Golf Pro shall not transfer or assign this Agreement or any of the privileges or premises herein without the written consent of the City. Each and every covenant and agreement herein contained shall extend to and be binding upon the GolfPro's successors, he[rs, administrators, executors and assigns. 10, RIGHTS AND REMEDIES OF PARTIES. The various rights, powers, options, elections and remedies of either party provided in this Agreement shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled, as long as any default remains in any way unremedied, unsatisfied or undischarged. 11. MODIFICATION OF AGREEMENT. None of the covenants, provisions, terms or conditions of this Agreement to be kept or performed bythe City orthe Golf Pro shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties. This Agreement contains the whole agreement of the parties. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by the City for any reason, with or without cause, upon three (3) days' written notice to the Golf Pro. The Golf Pro may give notice of intent to terminate this Agreement for a material breach of the Agreement by giving the City written notice thereof, and if the City fails to correct such breach within thirty (30) days thereafter, this Agreement shall bc deemed terminated. Upon termination of this Agreement, the Golf Pro agrees to immediately vacate and surrender the portion of the building allocated to him for the operatio, n of the Agreement and to remove his personal property therefi~om, and to deliver possession of the premises to the City in as good condition as the premises were in at the commencement of the term of this Agreement, unavoidable wear through careful use and damage by fire or other casualty beyond the control of the Golf Pro excepted. Ail equipment and other property of the City on the premises shall remain the property of the City after the termination of the Agreement. An inventory of City properties shall be performed before release. It is expressly understood and agreed that this Agreement is not a lease or a conveyance of realty, but is merely the granting of the right to conduct certain activities and to provide certain services for the benefit and convenience of the public. The rights and obligations of the parties under this Agreement shall end with the effective day of the termination of this Agreement, except that the Golf Pro shall be responsible for any damages or losses attributable to his acts while in possession of the premises. 13. SUPERVISION BY LEISURE SERVICES MANAGER. The Leisure Services Manager and the Golf Pro shall cooperate each with the other to promote the most efficient use of the golf course. The Golf Pro shall report directly to the Leisure Services Manager, or such other person as may be specified by the Leisure Services Manager of the City of Dubuque, Iowa. 14, BISIJ-RANCE. The Golf Pro shall obtain and maintain during the term of this Agreement insurance as set forth in the attached Insurance Schedule. IN WITNESS WI-Be. REOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DUB. UOUE Michael C. Van Milligen City Manager G.M.S., INC. By: /s/ George Stephenson INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. 2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. 3. Golf Pro shall have his insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. 4. Golf Pm shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/ products/completed opemtious coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days' written notice of change or cancellation.