Loading...
HomeMy WebLinkAboutReso 1971-6194~.•, ~. RESOLUTION N0. 6194 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOSEPH S. WARB"C7RTON FOR THE MANAGEMENT, SUPERVISION AND OPERATION OF THE CHULA VISTA MUNICIPAL GOLF COURSE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, AND JOSEPH S. WARBURTON for the management, supervision and operation of the Chula Vista Municipal Golf Course, dated the 7th day of September , 1971, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~ _ - n/ \ ~ e_ ~~ ,,, <= i. ~" ./ homas D. Hamm ton, Jr., Mayor Georqe ~. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of September , 1971, by the following vote, to-wit: AYES : Councilmen g~,~{~gd~_ Scott, H~1 ' Hami 1 tin NAYES : Councilmen rT„r,o ABSENT: Councilmen pvnnP 1 ~ C~ AT TE S ~ `v~/ ~~, City lerk ---_~ Mayor of the City of Chula Vista STATE OF CALIFORNIA ) COUPdTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) I, JENNIE AZ. FULASZ , City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No._ 6194, and that the same has not been amended or repealed. DATED City Clerk AGREEMENT FOR THE MANAGEMENT, SUPERVISION AND OPERATION OF THE CHULA VISTA MUNICIPAL GOLF COURSE THIS AGREEMENT, made and entered into this 7th day of September , 1971, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and JOE WARBURTON, professional golfer, hereinafter referred to as "Professional"; W I T N E S S E T H WHEREAS, the City, in the operation and conduct of a golf course in said City, requires the services of a professional golfer to promote the golf course and provide professional management, and JOE WARBURTON is a professional golfer capable and able to render the services required by the City. NOW, THEREFORE, in consideration of the premises and upon the terms and conditions herein contained, the City and Professional agree as follows: 1. TERM OF AGREEMENT. The term of this agreement shall be five years beginning on October 12, 1971, and ending at midnight on October 12, 1976 unless sooner terminated as hereinafter provided. 2. DUTIES AND RIGHTS OF THE PROFESSIONAL. The Professional will, on the effective date of this agreement, enter upon the performance of the duties as golf professional in the City of Chula Vista and in particular: (a) Professional Shop. The Professional shall have the right to sell golf balls, clubs, golf rental sets, sportswear, golf attire and other golf accessories at prices currently recommended by the manufacturers of such equipment. The Professional shall operate all concessions herein referred to as an inde- pendent contractor. He shall purchase and pay for all materials and merchandise used or sold in the operation of said concessions, in his name and on his own responsi- bility, and shall receive and retain all income derived from their operation, as his own and for his sole use and. benefit. The Professional shall keep adequate books and records, make all tax returns and pay all taxes required in connection therewith in his own name. Such books and records shall be the property of the Professional but shall be open to the inspection of the City acting by and through its City Manager or other duly authorized agent at reasonable times during business hours. (b) Personnel - Collection of (;raPnc FaAc The Professional shall provide necessary materials and personnel at his own expense and supervise their perfor- mance as golf starters. All personnel utilized as starters by the Professional must be approved by the City Manager. The Professional, or his agent, shall act as starter and shall collect all greens fees, reservations fees, and other fees established by the City. Greens fees required shall be prescribed from time to time by the City. The Professional - 1 - wC J / ~ ~-, shall keep an accurate record of all sources of revenue, the number and class of players, the amounts collected from each class of player, and shall prepare a daily report, together with cash register tapes. Monies received shall be deposited at least twice per week on Mondays and Fridays and a monthly income summary report filed with the Director of Finance of the City of Chula Vista. The bookkeeping records installed and maintained by the Professional shall be approved as to form by the City Manager and shall permit the preparation of annual statements of profit and loss and a balance sheet. The City may inspect and audit the books of accounts and records of the Professional at all times. (c) Golfing Instruction. It is agreed that in addition to his other duties hereunder the Professional shall cause instruction to be given in the game of golf and that as charges therefor his fee shall be in keeping with accepted custom and practices in the profession. (d) Promotional Activities. Except as may be otherwise provided by the City, the Pro- fessional shall devote his entire time to operating, super- vising, promoting, and managing the functions authorized by this agreement. He shall coordinate, promote and schedule such golfing events sponsored by, by way of illustration but not limitation, the City of Chula Vista, convention type organizations, and such other recognized organizations as may from time to time request scheduling of golf events. Under the direction of the City, the Professional shall advertise and promote the golf course and shall be respon- sible for such promotional functions consistent with funds allocated. (e) Rental and Operation of Electric Passenger Golf Carts. The Professional shall have maintain, rent and operate or at the Golf Course, and electric carts thereon. (f) Personnel - Salaries. the exclusive right to provide, electric passenger golf carts on may prohibit the use of private The Professional shall employ any and all assistants that may be necessary to carry out the terms and provisions of this agreement and shall pay their salaries and such other and further sums as may be required of them for tax and other purposes. If these assistants collect or handle any money due the City of Chula Vista, they shall be approved as provided herein by the City Manager before being employed by the Professional. If for any reason any of said assistants shall display flagrant misconduct, he may be dismissed at the request of the City Manager. (g) Maintenance of Pro Shop. The Professional shall keep the Pro Shop premises assigned by this agreement in a clean and sanitary condition and free from rubbish at all times and shall assume complete respon- sibility for janitorial services for said premises. No signs or advertising matter shall be displayed outside such premises without prior consent of the City Manager. ~; (h) Working Conditions - Vacation. The Professional, his agents or employees in sufficient number to handle golf course activities, shall be on duty at the golf course each and every golfing day during the period of this agreement. The Professional shall not be absent from the golf course more than two days in any week unless he is representing the City of Chula Vista by performing in a golf tournament within the boundaries of Southern California without first having obtained consent of the Director of Parks and Recreation, except in instances of illness or during vacation periods. Vacation shall be limited to three (3) calendar weeks per year, exceptions shall be approved by the City Manager. (i) Hold Harmless - Insurance. It is expressly understood and agreed that the Professional shall indemnify and hold harmless the City, its officers, employees or agents, from any claims arising from his use of the premises or from the operation of the golf course. He shall provide a policy of public liability and property damage insurance, approved by the City Attorney, with limits of $100,000 for injury to any one person in any one accident, $300,000 for injury to two or more persons from any one accident or occurrence, and $25,000 for property damage, and shall also carry a policy of Workmen's Compensation insurance covering any and all of his employees. Approved copies of these policies or certificates shall be filed with the Director of Finance of the City of Chula Vista. The Professional, and any of his assistants or employees who are authorized to collect money shall provide the City with fidelity bonds in the amount of $5,000 for each such person. (j) Consent to Alter Premises. It is further understood and agreed that the Professional shall not make any alterations or additions to the Pro Shop or to any equipment belonging to the City without first having the written consent of the City Manager to such change or alterations. The City hereby recognizes that the Pro Shop may have to be recarpeted from time to time at City cost subject to availability of funds. Upon the expiration of the agreement, the Professional shall be expected to put the premises in as good a condition as at the beginning of said agreement, ordinary wear and tear excepted. (k) Transfer of Contractual Rights. It is expressly understood and agreed that the Professional may not sign or transfer any of the rights, licenses, or privileges or any part thereof of this agreement without the written consent of the City Manager having been obtained. This agreement cannot be assigned involuntarily or by oper- ation or process of law and should the Professional be adjudged bankrupt or become insolvent or make a general assignment for the benefit of his creditors or fail to obtain the release of any levy of attachment or execution upon his payment within ten days after such levey is made, the City may consider such to be a breach of the agreement and may cancel and terminate same. ~i~~ 0"° ~~i~~ (1) Reclamation of Golf Balls. The Professional shall have the right to all golf balls reclaimed or salvaged from any portion of the premises including the ponds located at the Golf Course. 3. RESPONSIBILITY TO CITY MANAGER. During the term of this agreement, the Professional shall be directly responsible to the City Manager, or his designated repre- sentative. 4 . SPACE FOR PRO SHOP . The City of Chula Vista shall furnish a room and workshop in the Club House for use by the Professional for the sale and display of golf equipment, merchandise and wearing apparel. City shall also provide for space for the storage of twenty-four (24) electric golf carts, golf clubs and other supplies and material. 5. AREA FOR PRACTICE AND DRIVING RANGE. The City shall also provide proper land area on the golf course for a golf practice range and maintain driving range in a manner that will in no way be harmful to ball retriever or vehicle (ball retriever to be acceptable to Supervisor of Golf Course Maintenance) so that range balls will not have to be collected manually. Said range will be operated by the Professional. Pro- fessional also will provide suitable practice balls and clubs for such remuneration as is usually charged at a golf practice range of this nature. 6. TERMINATION ON DEFAULT - VIOLATION OF LAW. It is expressly understood and agreed that in the event that default shall be made by the Professional in any of the covenants of said agreement agreed to be performed by him, specifically it is required that insurance coverage be maintained at all times, or if he violates any of the ordinances of the City of Chula Vista or any of the laws of the State of California constituting a crime involving moral turpitude, or upon proof of disorderly conduct on the part of the Professional, the City may terminate the rights, licenses, and privileges contained in said agreement. The Professional shall main- tain good credit rating throughout the term of said agreement and failure to do so shall be cause for termination of said agreement by the City. 7. REMUNERATION FOR PROFESSIONAL. As consideration for the services rendered by him as Pro- fessional and the services of all of his employees and the services to act as starters, it is expressly understood and agreed by the parties hereto that the Professional shall receive the following: (a) All revenues received from the lease of golf carts. (b) All revenues from golf lessons. (c) All revenues from sales at the Pro Shop. (d) All revenues from repair of golfing equipment. (e) All revenues from the driving range. All greens fees collected at the golf course shall be the exclusive property of the City, provided, however, City shall pay to Professional an amount equal to 4.5% of the gross greens fee revenue payable quar- terly in arrears commencing on January 12, 1972. " - ~'~i~~ 8. PROFESSIONAL'S RESPONSIBILITY FOR CONDITION OF THE GOLF COURSE. The Professional shall be fully aware of the material con- ditions of the golf course and golfing facilities at all times, and as the conditions dictate, make specific recommendations to the City for corrective actions as the City deems necessary. He shall not be held responsible for work performed or lack of same by the Golf Course Maintenance Supervisor, or his men. 9 . TERMINATION . In addition to the other remedies provided City within the terms of this agreement, City shall have the right, upon thirty (30) days written notice to Lessee to cancel this agreement if, in the opinion of the City Manager, the operations conducted by Lessee are unsatisfactory, provided, however, Lessee may request a thirty (30) day period for correction of the conditions set forth by the City Manager in his notice of cancellation and if said request is made by Lessee, said thirty (30) days notice shall be extended to a period of sixty (60) days. In the event of such cancellation, the replacement Lessee obtained by the City shall purchase from Lessee his non-returnable inventory of merchandise for sale at Lessee's cost and his equipment at its fair market value. 10. RENEWAL AND TERMINATION WITHOUT CAUSE. In the event that the Golf Pro-Manager shall faithfully keep and perform all of the terms, conditions and agreements contained in this agreement, he shall have the right of first refusal of any renewal of said agreement. During the term of this agreement, either party hereto may terminate said agreement after sixty (60) days following delivery of written notice of such termination without cause. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PROFESSIONAL -- ~ ~ ) Mayor of the City of Chula ~~Vist~~ ATTEST City Clerk Approved as to form by ., ~, ~~ ,F ,~ ~~ ~ ~ - i _a ~ -' ~~> os h S. Warburton, Golf Pro an ger George b. Lindberg, City Attorney - 5 - ~~i~~ 1 _ .i .. September 2, 1971 To: John R. Thomson, City Manager From: Robert S. Bouncier, Assistant City Manager ~':~ Subject: Contract for Joe Warburton, Golf Professional The Golf Professional at the Chula Vista Municipal Golf Course has boen operating under a 5 year contract which will expire October 12, 1971. Mr. Warburton, the Golf Professional, contacted the City as early as May 1970, requesting permission to renegotiate his contract and be given first oppartunity for renewal so that should he not :e retained ~i~ would have sufficient time to relocate. City staff bega~z meeting with Mr. Warburton in July. The premise of these meetings was that Mr. Warburton would be retained as the Chu]_a Vista Golf Frofessional and that a contract would be worked out which would be fair to all concerned. The contract no,~~ be~ore Council is recommended by staff and is accept-- ai.~le tc h?r, v~arburton. The contract is similar to the present con- tract with two exceptions: 1. Working Condi~~ions - Vacat;_on The present contract does not specify length of vacation period. The proposed contract. states "vacation shall be limited to 3 calendar weeks per year." 2. Ren:ur~eration for Professional Present Con±~ract: (a) All revenues received frorn the lease of golf carts (b) Ail revenues received from golf lessons (c) All revenues from sales at the Pro Shop (d) All revenues from repair of golfing equipment (e) All revenues from the driving range Fropcsed Contract: Items a - e above are included in the new contracf:. Ir. addition, Cit~.~ shall pay to Professianal an amount ecual to 4.5a of th gross greens fee revenue payable quarterly inn arrears commencing on January 12, 1972. ~~, ~ ~ ~~ 1 ~ [ f ~,~ /i,,/