Bunker Hill-Stephenson contractCITY OF DUBUQUE, IOWA
MEMORANDUM
January 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Approval of Bunker Hill Golf Course Operating Agreement with
G.M.S., Inc. (George Stephenson, golf professional)
Leisure Services Director Gil Spence is recommending execution of the Bunker Hill
Golf Course Operating Agreement with G.M.S., Inc. This is the current golf
professional.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi~chael C. Van Milligen
MCVM/dd
Attachment
CC:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 12, 2000
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Approval of Bunker Hill Golf Course operating agreement with
G.M.S., Inc (George Stephenson, golf professional)
INTRODUCTION
The purpose of this memorandum is to recommend that the City Council enter into an
operating agreement with G.M.S., Inc. (George Stephenson, golf professional) for the
Bunker Hill Golf Course, for the period of January 1, 2000 through November 30,
2000.
DISCUSSION
The attached agreement is similar to the form that has been used for the fifteen years
there has been a written agreement. Mr. Stephenson has been the Bunker Hill golf
professional for thirteen seasons, so this will be his fourteenth operating agreement.
few items of note in the agreement include that the agreement
increases the pro's compensation from $10,7OO to $10,950; and
returns to the City ten percent of the gross receipts of motorized cart rental and
restaurant and vending machine concessions. This is estimated to be 820,000 for
the season.
ACTION STEP
The action requested is for the City Council to approve the operating agreement with
G.M.S., Inc. and authorize you to sign it.
GDS:et
attachment
OPERATING AGREEMENT FOR BUNKER HILL GOLF COURSE
between
THE CITY OF DUBUQUE
and
G.M.S., INC, (George Stephenson)
THIS Agreement, executed in duplicate, made and entered into this 1st day of
January, 2000, by and between the City of Dubuque, Iowa, hereinafter called
the "City", whose address for the purpose of this Lease is 2200 Bunker Hill
Road,Dubuque, Iowa, and G.M.S., Inc. (George Stephenson), hereinafter called
"Golf Pro", whose address for the purpose of this Lease is Bunker Hill Golf
Course, 2200 Bunker Hill Road, Dubuque, Iowa.
WITNESSETH:
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 operate, manage, and provide certain services at Bunker
Hill Golf Course; and
WHEREAS, the Golf Pro is desirous of procuring from the City the right to
operate and provide 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
WHEREAS, 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 provide 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:
Section 1, TERM OF AGREEMENT.
The City grants to the Golf Pro for a period of one year beginning January 1,
2000, and ending November 30, 2000, the exclusive privilege and obligation to
operate the Bunker Hill Golf Course, including the following exclusive rights, privileges
and obligations:
(d.)
(e.)
(f.)
(g.)
Providing a sufficient number of motorized golf carts to meet the needs
of the public, and keeping the carts in a clean and operating condition.
No permit shall be required for such carts.
(1)
The Golf Pro shall not rent any motorized golf cart to any person
not holding a validly issued motor operator's license.
(2)
The City shall furnish the existing storage building for the golf
carts; the building shall be maintained by the Golf Pro during the
season of play.
(3)
The Golf Pro shall not permit more than two (2) persons to occupy
any motorized golf cart.
(4)
The Golf Pro agrees to provide and pay for printing liability release
forms used to relieve the City and the Golf Pro of liability for the
operation of said golf carts. Each golf cart operator shall sign said
form prior to operating a cart.
(5)
The Golf Pro shall inform the Leisure Services Manager in writing
of all fees to be charged for renting motorized golf carts,
Collecting for the City.all green fees, permanent tee time fees, season
pass fees and tournament fees and remitting the same to the City in
accordance with policies adopted by the City.
Making a true and accurate accounting of all green fees, season pass
fees, permanent tee time fees, and tournament fees collected and
accounting for all tickets, etc., issued by him for sale on a daily basis.
The Golf Pro expressly covenants and agrees to provide a place of safety
to keep and lock up 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 Pro
or his employees to fully, truly and accurately account any money
collected for the City. The Golf Pro shall also be liable and account for
all golf tickets, season passes, permanent tee time fees and tournament
fees issued to him for sale at the golf course.
Cooperating 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 condition at all times.
The Golf Pro shall use reasonable diligence to clean any other area where
refuse accumulates from or is caused by the concession operation. The
City agrees to cooperate in both the cleanup and hauling away of all
trash.
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Section 6, SUPPLIES AND EQUIPMENT.
The Golf Pro shall be responsible for purchasing at his own expense all supplies
and equipment used in the pro shop, concession area and motorized cart concessions,
and shall not make such purchases with nor pledge the credit of the City.
Section 7, ATTENDANTS AND OTHER EMPLOYEES.
The Golf Pro shall hire, at the City's expense, supervise and schedule rangers
to assist at the golf course during times of increased play, as golf activity budget
allows.
The Golf Pro shall hire, supervise and schedule, and be responsible for the
salaries, benefits, insurance, premiums for workers' compensation, social security, all
income tax deductions and any other taxes or payroll deductions required by law for
the following employees:
(a.) attendants for the sale of golf tickets and season passes;
(b.) employees necessary for the efficient operation of the club house and the
pro shop; and
(c.)
additional employees required by the Golf Pro for the operation of said
golf course.
Section 8, REPAIRS, REMODELING.
The Golf Pro shall not repair, construct, remodel, or reconstruct any part of the
building without the prior written permission of the Leisure Services Manager.
Neither the Golf Pro nor anyone claiming by, through or under him shall have the
right to file, place or permit any mechanic's lien or any other lien of any kind or
character whatsoever, upon said premises, or upon any building or improvement
thereof, and notice is hereby given that no contractor, subcontractor or anyone else
who may furnish any material, service or labor for any building, improvements,
alterations, repairs or any part thereof shall at any time be or become entitled to any
lien thereon, and for the further security of the City, the Golf Pro covenants and agrees
to give actual notice of this paragraph in advance to any and ail contractors and
subcontractors who may furnish or agree to furnish any material, service, or labor.
5
Golf Pro shall have its 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.
Golf Pro shall furnish copies of the following policies to the City, with limits not
less than the following, or greater if required by law, and shall also furnish certificates
of insurance from all independent contractors or subcontractors hired by Go~f Pro or
any independent subcontractor, which certificates shall provide evidence of coverage
for the following 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
OR
2,000,000
1,000,000
1,000,000
1,000,000
50,000
5,000
Combined Single Limit
Medical Payments
$ 2,000,000
$ 5,000
Coverage is to include: Occurrence form, premises/operations/products/
completed operations coverage, independent contractors' coverage, contractual
liability, broad form property damage, personal injury, City of Dubuque named as an
additional insured with thirty (30) days' written notice of change or cancelation.
DRAM SHOP LIABILITY:
Bodily Injury
Property Damage
Loss of Means of Support
OR
Combined Single Limit:
X
X
X
$ 1,000,000
City of Dubuque shall be listed as an additional insured with a thirty (30) day
written notice of cancelation.
To the extent that the Golf Pro's business is such as to place any or all of its
employees under the coverage of Worker's Compensation or similar statutes, the Golf
Pro shall provide at his own expense during the time the Golf Pro occupies the
premises and throughout the term, Worker's Compensation or similar insurance
affording the coverage and limits required by statute. The Golf Pro shall provide the
City of Dubuque with evidence of such coverage.
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Section 21, TERMINATION OF AGREEMENT.
This Agreement may be terminated by the City for any reason upon three (3)
days' written notice to the Golf Pro. The Go~f Pro may give notice of intent to
terminate this Agreement for violation of the Agreement by giving the City written
notice. If the City fails to correct said violation within thirty (30) days thereafter, this
Agreement shall be deemed terminated. Upon termination of this Agreement, ~he Golf
Pro agrees within thirty (30) days of the date of the notice of termination to vacate
and surrender the portion of the building allocated to him for the operation of the
Agreement and to remove his personal property therefrom, and to deliver possession
of the same to the City, in as good condition as said premises are now in or hereafter
may be placed, unavoidable wear through careful use and damage by fire or other
casuatty beyond the control of the Golf Pro excepted. All equipment and other property
of the City on the premises shall remain the property of the City after the termination
of the Agreement. Any 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 granting 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 or those of his employees while in
possession of the premises.
Section 22, 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, ~owa.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen
City Manager
WITNESSETH:
G.M.S., Inc.
George M. Stephenson
Golf Professional
9
Section 21, TERMINATION OF AGREEMENT.
This Agreement may be terminated by the City for any reason upon three (3)
days' written notice to the Golf Pro. The Golf Pro may give notice of intent to
terminate this Agreement for violation of the Agreement by giving the City written
notice. If the City fails to correct said violation within thirty (30) days thereafter, this
Agreement shall be deemed terminated. Upon termination of this Agreement, the Golf
Pro agrees within thirty (30) days of the date of the notice of termination to vacate
and surrender the portion of the building allocated to him for the operation of the
Agreement and to remove his personal property therefrom, and to deliver possession
of the same to the City, in as good condition as said premises are now in or hereafter
may be placed, unavoidable wear through careful use and damage by fire or other
casualty beyond the control of the Golf Pro excepted· All equipment and other property
of the City on the premises shall remain the property of the City after the termination
of the Agreement. Any 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 granting 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 or those of his employees while in
possession of the premises.
Section 22, 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.
IN WITI~IES$ WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
CITY OF DUBUQUE, IOWA
/s/ Michal C. Van Milligen
City Manager
/s/ George M. Stephenson
G.M.S. Inc.
Witnesseth:
Eileen Trimble