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HomeMy WebLinkAbout6286RESOLUTION NO. 6286
A RESOLUTION APPROVING A GOLF COURSE MANAGEMENT
AGREEMENT FOR THE OPERATION OF PUEBLO CITY PARK
GOLF COURSE AND PRO SHOP AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Golf Course Management Agreement for the operation of
Pueblo City Park Golf Course and Pro Shop between Gary Woodside
and Pueblo, a Municipal Corporation dated October 11, 1988, a copy
of which is attached hereto and incorporated herein, having been
approved as to form by the City Attorney, is hereby approved.
CV("PTnM 7
The President of the City Council is hereby authorized to
execute said Agreement for and on behalf of Pueblo, a Municipal
Corporation, and the City Clerk is hereby directed to affix the
seal of the City thereto and attest same.
ATTEST:
Cit Clerk
INTRODUCED: October 11, 1988
B MIKE SALARDINO
Councilman
APPROVED:
Pre dent of the City Council
CITY OF PUEBLO
GOLF COURSE
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT entered into this 11th day of
October, 1988, by and between the City of Pueblo, Colorado, a
Municipal Corporation, hereinafter referred to as the "City ", and
Gary Woodside, hereinafter referred to as the "Manager ".
WITNESSETH:
WHEREAS, the City now owns a municipal golf course open to
public play and located on the premises commonly known as 3900
Thatcher Avenue, Pueblo, Colorado, and
WHEREAS, the City desires to engage a qualified Manager to
manage, operate, maintain and promote the golf course and its
related facilities, and
WHEREAS, Manager is qualified and capable of managing,
promoting, maintaining and operating the golf course and its
related facilities, and
WHEREAS, the acceptance of Manager's proposal for operation,
maintenance, promotion and management of the golf course would be
in the best interest of the City of Pueblo,
NOW THEREFORE, in consideration of the foregoing and the
mutual promises herein contained, the City and Manager agree as
follows:
1. As used herein, the following words and phrases shall
have the following meaning:
(a) "Golf Course" means the property owned by City
comprising the City Park municipal golf course including the
maintenance building, golf cart rental building, and clubhouse but
excluding the restaurant area of the clubhouse under lease to the
restaurant concessionaire, the parking lot and such other areas as
are herein otherwise excepted.
(b) "Director" means the City's Director of Parks and
Recreation.
2. City hereby appoints and retains Manager, subject to and
upon the terms and conditions herein set forth, as an independent
contractor to operate, manage, maintain and promote the Golf
Course for a period of five ( 5 ) years from October 31, 1988 to
October 31, 1993, unless sooner terminated as herein provided.
City reserves the right to fix and establish all fees and charges
for the use of the Golf Course and all its related facilities and
activities conducted thereon.
3. Manager accepts said appointment and agrees to operate,
manage, maintain and promote the Golf Course and perform the
following services at Manager's expense during the effective
period of this Agreement.
(a) Supervise and be responsible for all aspects of the
operation, maintenance, management and promotion of the Golf
Course and golf related activities on the Golf Course, including
the efficient management of the pro shop and the maintenance and
upkeep of the Golf Course in at least the same or better condition
than presently existing.
(b) Develop and implement efficient maintenance
programs for the Golf Course greens, tees, aprons, traps and
hazards, fairway, roughs and driving range including watering,
chemical and fertilizer, mowing, seeding, reconditioning and
reseeding, moving of green cups and tee markers, airifying and
topdressing, and weed control and elmination programs. Manager
shall on or before December 31 of each year submit such programs
to the Director for review and approval.
(c) Develop and implement efficient management programs
for the operation, scheduling of and use of the Golf Course, driv-
ing range and pro shop and the provision of services to the public
including the presence of Manager's personnel and golf profession-
als at the Golf Course. Manager shall on or before December 31 of
each year submit such programs to the Director for review and
approval.
(d) Hire, supervise and schedule all employees needed
and required for the efficient operation, maintenance, management
and promotion of the Golf Course, driving range and pro shop,
including without limitation, (i) a golf professional who
possesses a P.G.A. Class "A" Certificate experienced in the
management and operation of golf course facilities and pro shop,
and (ii) a qualified golf course superintendent and greens- keeper
experienced in maintenance, upkeep and care of golf courses
familiar with the soil and climatic conditions of the area. The
golf professional and golf course superintendent shall be
acceptable to City and shall be employed by Manager on a full -time
basis during the effective period of this Agreement. It is
expressly understood and agreed that all employees hired by
Manager shall be the employees of Manager and no contractual
obligations or relationship of employer - employee shall exist
between the City and such employees. Manager shall provide all
workmen's compensation insurance for its employees in accordance
with the provisions of the laws of the State of Colorado and
furnish Director satisfactory proof that such insurance is in
effect.
(e) Use its best efforts to effect operation and cost
controls and savings.
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(f) Be responsible for the security and inventory of,
and maintain in good condition and repair, all City's equipment
and machinery used by Manager or placed under Manager's custody
and control by City. City will furnish Manager with an initial
inventory of such machinery and equipment and City and Manager
shall annually update such inventory.
(g) Monitor all activities on the Golf Course to insure
compliance with all resolutions or ordinances of City governing
the rules of play, regulating the use of the Golf Course, and
imposing fees and charges for use of or activities on the Golf
Course.
(h) Keep and maintain accurate and complete accounts
and records of all activities and transactions conducted by
Manager on the Golf Course in accordance with generally accepted
accounting principles, which accounts and records shall be
available for inspection, copy and audit by City during normal
business hours. Manager shall retain all such accounts and
records for a minimum period of three (3) years after termination
of this Agreement.
(i) Submit to Director during August of each year a
proposed Golf Course budget for the next calendar year. Manager
understands and agrees that the Golf Course budget will not
include reimbursement for any cost or expense incurred by Manager
in (i) the employment of golf professionals, pro shop employees,
and other employees hired to rent or sell golf merchandise, balls
or carts, retrieve golf balls, or repair and maintain golf carts,
(ii) the performance of management services, (iii) the performance
of the services and furnishing the items described in subpara-
graphs (h), (m), (s), (t), (u) and (v) of this paragraph 3, and
that such costs and expenses shall be the sole responsibility of
Manager. Manager further understands and agrees that the Golf
Course budget will contain only such items of reimbursement as the
City Council in its sole discretion may determine.
(j) Keep the Golf Course in a clean, sanitary, safe and
orderly condition.
(k) Be responsible for scheduling and reserving tee
times for golf play and plan, schedule and oversee the conduct of
golf tournaments.
(1) Comply strictly with all applicable federal, state
and City laws, rules and regulations.
(m) Remodel the pro shop in accordance with Manager's
proposal and furnish all necessary interior maintenance for the
pro shop, golf cart rental building and clubhouse (excluding
restaurant areas), including but not limited to repainting,
replacement of floor coverings including carpeting, washing all
windows, cleaning restrooms in clubhouse, and maintaining plumbing
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in good working order.
(n) Keep the Golf Course including the pro shop and
driving range open for business seven (7) days each week from 6:00
A.M. to one (1) hour after sunset, or as may otherwise be deter-
mined by the Director and Manager from time to time subject to the
approval of the City Manager of City.
(o) Furnish prompt, courteous and efficient service
adequate to meet all reasonable demands and needs of the public,
ensuring polite and inoffensive conduct and demeanor on the part
of its representatives, agents and employees. All Manager's
employees who come in contact with the public shall wear a uniform
or badge identifying them as employees of Manager.
(p) Make no expenditure or commitment of funds not
within the approved budget or in any line item of the approved
budget in excess of the amount budgeted therefor. Submit to the
City's Department of Finance at least monthly invoices and
verified requests for reimbursement for costs incurred in the
operation of the Golf Course including periodic verified request
showing Manager's payroll, including wages and benefits, for its
employees (excluding golf professionals, pro shop employees and
other employees engaged to rent or sell golf merchandise or carts,
retrieve driving range balls, or maintain and repair golf carts)
during the period covered by such request. The City's Department
of Finance will review the verified requests and invoices and if
in compliance with the approved budget and this Agreement make
reimbursement therefor provided that any reimbursement for
Manager's payroll will be made directly to Manager who shall be
solely responsible for paying its employees and withholding and
paying all state and federal payroll obligations and taxes.
Manager shall hold harmless and indemnify City from any such pay-
roll obligations and taxes and shall at least monthly account to
the City and submit proof of non - delinquency thereof.
(q) Meet with the Director at least monthly to review
the operation and maintenance of the Golf Course and the Golf
Course budget and expenditures and at least semi - annually to
review the fees being charged by Manager for golf club and cart
rentals, lessons and driving range facilities, which fees shall be
reasonable and competitive with fees charged for similar services
and facilities in Pueblo County, Colorado. Manager shall be
directly responsible to the Director in all matters concerning the
operation, maintenance, promotion and management of the Golf Course.
(r) Surrender and deliver to City, at the termination
of this Agreement, (i) all remaining operating supplies,
fertilizer and materials the purchase of which was reimbursed by
City, and (ii) the Golf Course and appurtenances thereto including
equipment and machinery furnished or made available by City in as
good condition and state of repair as the same now are or were at
the time of delivery to Manager or may be hereafter improved by
City or Manager, reasonable use and wear excepted.
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(s) Maintain in force at Manager's sole cost during the
effective period of this Agreement comprehensive general public
liability insurance and property damage insurance, including
personal injury, blanket contractual, products liability, non -
owned and hired motorized carts and automobile coverage, covering
all activities conducted by Manager under this Agreement, in the
minimum amount of $1,000,000 aggregate, per occurrence for
personal and bodily injury and $500,000 aggregate, per occurrence
for property damage. Certificates evidencing such insurance
coverage shall be filed with the Director within ten (10) days
after execution of this Agreement and said certificates shall
certify that such insurance coverage is in force and will not be
cancelled or reduced without at least thirty (30) days prior
written notice to City and that the City is named as an additional
insured under such policies of insurance. At least ten (10) days
prior to the expiration of any such insurance, a certificate
showing such insurance has been renewed or extended shall be filed
with the Director.
(t) Provide and make available at Manager's sole cost
and risk for use at the Golf Course at least forty ( 40 ) new
motorized golf carts and thereafter provide such additional carts
as required to meet all reasonable demands therefor. Manager
shall be responsible for the complete maintenance, repair and
replacement of the golf carts and shall maintain the golf carts in
safe operating condition. Manager shall provide each renter of a
golf cart with the rules and regulations established by City for
the operation of golf carts at the Golf Course and shall be
responsible for the enforcement of such rules and regulations.
(u) Carry and provide at Manager's sole cost and risk
(i) a varied stock of merchandise for sale at the pro shop, (ii)
new hand - pulled golf carts and new golf clubs and bags for rent at
the pro shop, and ( iii ) golf balls and clubs for use at the
driving range, sufficient and adequate to meet the needs and
demand of the public. Manger shall not sell golf clubs or other
golf related merchandise at or from any other location within
Pueblo County, Colorado during the effective period of this
Agreement.
(v) Pay at Manager's sole cost, before same become
delinquent, all charges for electrical and telephone services to
the golf cart rental building, pro shop and clubhouse (except the
restaurant area), property taxes on Manager's property, and sales
taxes on the sale or rent of Manager's merchandise, carts or
equipment.
(w) Comply fully with state and federal antidiscrimina-
tion laws, rules and regulations. Manager specifically agrees
that no person shall be denied or refused services or other full
or equal use of the Golf Course, nor denied employment opportuni-
ties by Manager as a result of race, creed, color, sex, age,
national origin, ancestry or handicap unrelated to ability or job
performance.
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4. City, subject to availability of sufficient appropriated
funds therefor, shall:
(a) furnish and make available for the Golf Course
equipment and machinary necessary in the City's sole judgment for
the operation and maintenance of the Golf Course.
(b) reimburse Manager for costs incurred in accordance
with approved budgets and this Agreement for the operation and
maintenance of the Golf Course. City shall not be responsible for
the salary or benefits of golf professionals, pro shop employees
or other persons engaged to rent or sell golf merchandise or
carts, retrieve driving range balls, or maintain and repair golf
carts, employed by Manager nor for any personal or private debts
of Manager or any expenditure in excess of or not authorized by
the approved budgets and Manager shall indemnify and hold harmless
City therefrom.
(c) repair and maintain the parking lot and the
exterior of the buildings located on the Golf Course including
roofs, walls, foundations, and the heating, plumbing and
electrical systems in such buildings.
(d) provide City employees to act as cashiers who shall
be physically located at the pro shop or such other location as
Manager and Director shall mutually determine and who shall be
under the supervision of the Director of Finance of the City and
responsible for the centralized collection of all fees and charges
and other monies paid for the use of or activities upon the Golf
Course including without limitation all fees and charges for rent
of Manager's golf carts, clubs and golf balls, lessons, and sale
of merchandise by Manager. All such fees, charges and other
monies paid to or collected by Manager shall be held by Manager,
in trust, and remitted to the City's cashiers on the day of
receipt or if a cashier is not then present no later than the next
day.
(e) annually approve a budget for the operation and
maintenance of the Golf Course containing such items of reimburse-
ment as the City Council in its sole discretion may determine.
Neither the 1988 budget for the Golf Course nor any subsequently
adopted budget shall be binding upon the City for any year except
for the year adopted. City may adjust budgets based upon prior
actual and anticipated revenues and expenses and to protect the
City from unreasonable or excessive operation and maintenance
costs.
5. In consideration of the services to be rendered and
performed by Manager hereunder, City shall pay to Manager an
annual management fee of $30,000.00 in twelve equal monthly
installments. All gross revenues, excluding sales taxes, fees and
charges generated for the following activities shall be paid and
remitted in the following percentages:
Activity Manager City
Sale of merchandise 95
A
Hand - pulled carts and
club rentals 80 20
Golf lessons 100 0
Driving range 80 20
Locker rentals 80 20
Motorized cart rentals 85 15
6. Manager shall fully indemnify and hold harmless, protect
and defend at its sole cost and expense, the City, its officers,
agents and employees from and against any and all risks, suits,
damages, expenses, penalties or claims (including costs and
reasonable attorney fees) which City, its officers, agents or
employees may incur or become liable as a result of the injury or
death of any person or persons, or the loss or damage of any
property, or the violation of any law or regulation arising out of
or in connection with the operation of the Golf Course or the
performance of this Agreement by Manager or any of its officers,
agents or employees or any other person acting on behalf of
Manager.
7. Time is of the essence hereof and to each and every
provision of this Agreement. If in the judgment of City Manager
of City the manner of maintenance or operation of the Golf Course
or the quality or quantity of service or merchandise does not meet
the requirements of this Agreement, or if Manager breaches or is
in default of any term or condition of this Agreement, City may
give Manager written notice specifying with reasonable particular-
ity the unsatisfactory performance or default. If Manager fails
or refuses to remedy such unsatisfactory performance or default
within five (5) days after receipt of such notice, City may
terminate this Agreement. If City institutes any litigation to
enforce its rights or remedies under this Agreement, Manager
agrees to pay all costs of enforcement including reasonable
attorney fees.
8. Manager understands and agrees that although located in
the same clubhouse building, the operation of the pro shop is
separate from the operation of the restaurant except for common
use of the restrooms. Manager shall cooperate with the operator
of the restaurant to obtain the most harmonious and greatest use
of the clubhouse by the public and to provide adequate security
for those portions of the clubhouse which may be closed to public
use from time to time. Manager shall not sell tobacco products,
food, foodstuffs or beverages at or on the Golf Course. Manager
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shall not do or permit anything to be done in or about the Golf
Course which in any way obstructs or interferes with the rights of
the restaurant operator or other users of the clubhouse and
parking lot. Manager shall not use or allow the Golf Course or
any portion thereof to be used for any improper, unlawful, immoral
or objectionable purpose and shall not cause, maintain or permit
any disorderly conduct, nuisance or waste in, on or about the Golf
Course. Manager shall not conduct any activity or sell anything
at or on the Golf Course except as specifically authorized in this
Agreement.
9. Manager shall not make any improvements of a permanent
nature to the Golf Course or install any sign on the Golf Course
or make any additions, changes, remodeling or alterations to any
building on the Golf Course without the Director's prior written
approval and obtaining all permits required therefor. All such
improvements, signs, additions, changes, remodeling or alterations
shall remain the property of the City.
10. It is understood and acknowledged by the parties that
the relationship of Manager to City is that of an independent
contractor and that Manager shall have no authority to employ any
person as employee or agent for or on behalf of City for any
purpose.
11. This Agreement sets forth all understandings and
agreements between City and Manager. No change, modification or
amendment shall be valid and binding unless set forth in writing
and signed by City and Manager. No verbal agreement or under-
standing with any officer, employee or agent of the City, either
before or after execution of this Agreement, shall affect, modify
or change any of the terms or provisions of this Agreement.
12. This Agreement shall not be assigned in whole or in
part, nor shall the Golf Course or any part thereof be sublet, nor
shall any right or privilege herein granted to Manager be sold,
transferred or assigned without the prior written approval of the
City. Any such sale, transfer, subletting or assignment, whether
voluntary or involuntary, without the prior written approval of
City shall be void and constitute grounds for immediate termina-
tion of this Agreement at the option of the City.
13. City reserves the right to enter upon the Golf Course at
any time for any reason.
14. The waiver by City of any breach of any term or provi-
sion of this Agreement shall not be deemed to be a waiver of such
term or provision for any subsequent breach of the same or any
other term or provision.
15. Any notice required under this Agreement shall be in
writing and personally delivered or sent by United States
certified mail, postage prepaid, to:
(a) if to the City: City Manager, City of Pueblo, 1
City Hall Place, Pueblo, Colorado, 81003,
(b) if to the Manager: 1221 Constitution, Pueblo,
Colorado, 81001;
or to such other place as City or Manager may from time to time
designate in a written notice to the other party.
16. If any provision of this Agreement is declared invalid
or unforceable by a court of competent jurisdiction, the
unaffected provisions hereof shall remain in full force and
effect.
17. This Agreement shall be governed by the laws of the
State of Colorado and shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and
approved assigns.
Executed the day and year first above written.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
' f �
By
Pres7i of the C Council Gary Woodside
Attest:
Cit Clerk
TJ 30.24 -9-