Bunker Hill Mgmt Agree G. StephMEMORANDUM
February 9, 2004
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 recommends City Council approval to enter into a
management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course, for the period beginning March 1, 2004, and ending November 30, 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micfiael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 5, 2004
TO: Michael C. Van Miliigen, City Manager
FROM: Gil D. Spence, Leisure Services Manager~r
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 March 1, 2004, and ending November 30, 2004.
DISCUSSION
The operational structure of the Bunker Hill Golf Course changed in 2001 with the City
assuming the responsibility of the operation of the pro shop, concessions and golf carts,
which had been the golf pro's responsibility. This change worked very well for the City
and this agreement continues that arrangement.
This is the same agreement as last year, only the salary has been increased from
$58,300 to $59,758. All duties and responsibilities of the golf pro and the City remain
the same.
The Park and Recreation Commission reviewed and approved the agreement at their
February 10th meeting.
ACTION STEP
The action step requested is for the City Council to approve the management
agreement with G.MS., Inc. and authorize you to sign it.
GDS:jlr
MANAGEMENT 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 16th day of
February, 2004, 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 Bunker 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
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 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, 2004, and ending November 30, 2004, 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:
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, league fees, sea-
son 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, league
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 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.
h. Make a true and accurate report of ail pro shop sales, concession sales, and
cart rentals on a daily basis on forms provided by the Leisure Services Manager.
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 Pro 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 RELATIONSHIP; 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-nine thousand, seven
hundred and fifty-eight dollars ($59,758.00) to be paid by the City to the Golf Pro in
biweekly installments for the period from March 1, 2004 to November 30, 2004.
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.
The 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.G.A. 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.
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 Pre 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
purtenance thereof.
9. NONASSlGNABILITY. 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 Golf Pro's successors, heirs, 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 by the City or the Golf
Pro shall be in any manner modified, waived or abandoned, except by a written instru-
ment 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
be 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
operation of the Agreement and to remove his personal property there from, 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. All 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. INSURANCE. The Golf Pro shall obtain and maintain during the term of this
Agreement insurance as set forth in the attached Insurance Schedule.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
CITY OF DUBUQUE
By
Michael C. Van Milligen
City Manager
G.M.S., INC.
By
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 Pro 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 $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,OOO
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
30 days' written notice of change or cancellation.