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RESOLUTION NO. 78-46
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF UKIAH AND ROBERT VOCKER,
GOLF PROFESSIONAL
WHEREAS, Robert Vocker has served the Cityof Ukiah
under terms of an agreement running from July 1975 to
January 1, 1975, and
WHEREAS, the City and Vocker jointly desire to
continue this relationship and
WHEREAS, City and Vocker have jointly reached agree-
ment as to the terms and conditions of this relationship,
NOW, THEREFORE BE IT RESOLVED that certain Golf
Professional Concession agreement attached hereto and made
a part hereof is hereby approved and the Mayor and Clerk
are authorized to execute same on behalf of the City.
PASSED AND ADOPTED this 16th day of November
1977, by the following roll call vote:
AYES: Councilmen Brannon, Wood, Feibusch, Mayor Simpson
NOES: None
ABSENT: Councilwoman Snyder
~M~Yor ' ?~'
ATTEST:
City Clerk
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GOLF PROFESSIONAL
CONCESSION AGREEMENT
This agreement, made in duplicate this 16th day of
November, 1977, by and between the City of Ukiah, a Municipal
Corporation, hereinafter called "City", and Robert Vocker,
a Golf Professional, hereinafter called "Pro";
W I T N E S S E T H:
WHEREAS, the City owns a Municipal Golf Course, consisting of
an eighteen hole golf course, a clubhouse, storage sheds and
equipment for the care and maintenance of the course, and
desires to have a Golf Professional a~ailable to the public at
said course; and
WHEREAS, Robert Vocker is a duly qualified golf professional
and has acted as Golf Pro for City and desires to continue
these duties as hereinafter set forth, at the Ukiah Municipal
Golf Course:
· NOW, THEREFORE, it is hereby agreed by and between the
parties hereto that City hereby grants to Pro, and Pro hereby
accepts and agrees to perform the concession of Golf Professional
at the Ukiah Municipal Golf Course, Ukiah, California, for the
term of 4 years commencing on the 1st day of January, 1978,
and ending on the 31st day of December, 1981, upon the follow-
.
ing terms and conditions.
1) City hereby grants to Pro the exclusive right of the
concessions for sales at said Golf Course, together
with the use of that portion of the clubhouse facilities
which are devoted to golf functions (including kitchen
and rest room facilities used jointly with that portion
of the clubhouse devoted to general community purposes),
of golf instruction, golf supplies, golf clothing and
equipment, and other enterprises incidental to and
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and consistent with a pro shop,~ foodstuffs, confection
..
~ and drinks, including beer, but no other alcoholic
8 beverage, provided that the sale of beer shall not be
4 permitted if it in any way prohibits or interferes
'~ with the use of any portion of the course or clubhouse
6 by any member of the public, including minors,
~ Such concessions shall be operated by Pro for his own
8 profit and benefit, and in connection with such operaton
9 he shall maintain the pro shop and immediate area in
.. · 10 a neat, clean and orderly condition. Pro shall also
11 be expected to act as starter., driving' range operator
19. and to provide golf cart rentals, both pull and motorized
18 sufficient to meet the demand for such items. In the
14 event of termination of this agreement by either party
15 City shall have the option to purchase Pro's inventory
' ~6 at Pro'.s cost prior to any other sales being made by
17 Pro.
~ ~8 2) City shall provide janitorial service, utilities,
~9 telephone and maintenance of the pro shop facility.
9.0 3) Pro shall supervise the use of the Golf Course including
9.1 golf cart sheds and golf cart paths and including the
~ opening and closing of the course each day and shall
~ ' enforce all rules and regulations adopted by City relating
~4 to use of said Golf Course or conduct of the players
~ ~5 thereon now in effect or which may hereafter be
9.6 adopted. He shall collect all green fees, cart storage
9.7 fees, path use fees in accordance with the schedule of
~8 fees from time to time adopted by City, and he shall
~9 account and remit weekly to City all receipts due City.
80 He shall keep books and accounts and handle cash in the
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manner required by City. In order, to protect City against
loss, Pro shall file with City a fidelity bond.of an
approved surety company in the sum of $5,000.
4) Pro shall submit to City through its City Manager an annu~
financial statement showing his gross and net receipts
from the concessions granted hereunder during the preceed-
ing year. Such statement shall be furnished on or about
the 31st of December of each year and shall be prepared
and signed by a Certified Public Accountant. City further
reserves the right to inspect and audit at any time the
books and records of Pro.
5) Pro shall devote~his entire time, skill, labor and atten-
tion to his duties as herein agreed at said Golf Course
during this agreement, permitting, h~owever, absence at such
times for tournaments, conferences or other sufficient
reasons as may be approved by City. Pro shall keep the
Golf Course and the Pro Shop open, either by himself or
by qualified persons employed by him, for a seven (7) day
week, including all holidays except Christmas Day when the
course shall be closed during all playable hours as deter-
mined by the City Manager or his designated agent. Pro
shall employ at his own expense such number of persons to
·
assist him as may be necessary to provide the services
required of him to the public and to City; including at
least one full time assistant professional, and at no time
shall there be less than one (1) qualified person constant-
ly in charge of the Pro Shop while the course is open.
All persons so employed shall be sati~actory to the Cit~?,
and any person not so satisfactory shall be ~ischarged by
Pro after reasonable notice from City. Pro shall obtain at
his own expense any and all licenses or permits required
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for any phase of"his operation. All tax liabilities re-
lating to the Pro's operation of the Golf Course shall be
the Pro's responsibility.
6) Pro shall cause to be repaired at his own expense any and
all damage or injury to City property caused by him or his
employees or agents, and shall indemnify and hold harmless
City, its officers and employees from any claim or cause
of action of any kind which may arise out of the use of
the premises in connection with the operation of the con-
cession, and he shall procure and keep in force during the
life of this agreement a public liability insurance policy
including City as a named insured, in the amoUnt of
$100,000/$300,000. Pro shall supply a certificate of in-
surance as evidence of the required coverage. The Driving
Range is excluded from these requirements.
7) Pro shall, to the best of his ability, promote'the game
of golf at said Golf Course, and shall use his best effort~
to maintain good public relations with the playing public
and the maintenance staff. He shall aid and encourage
the Junior Golf Program ~d shall cooperate with the adult
clubs in promoting golfing activities. He shall have the
exclusive right to designate the pin placement during
tournament activities.
8) As compensation for the services herein described, Pro
shall received $700/month.
9) Such amounts together with the right of concessions here-
inabove set forth shall constitute full payment for all
services rendered by Pro to City. The parties hereto
intend that Pro shall be an independent Contractor rather
than an employee of City, and to that end agree that
neither any payment made to Pro by City nor any direction,
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"PRO"
control or supervision over his work by City shall make
Pro an employee of City, and that his status shall remain
that of an Independent Contractor unless changed by ex-
press written agreement of the parties hereto.
10) Pro shall~pay to City the following percentages of his
gross income earned by virtue of all operations under the
concessions herein granted:
1% of first $24,000 gross
2% of $24,000.01 through $60,000.00 gross
3% of all gross above $60,000.00.
'11) Pro shall~ not assign this conqession nor sublet any por-
tion of the premises. This agreement shall terminate, at
the option of City, if any of the following conditions
occur: 1) failure of Pro to remedy any default of any
condition hereinafter 10 days written notice; 2) death of
Pro; 3) any proceeding in bankruptcy or assignment for
benefit of creditors on behalf of Pro; 4) any other act
or event which prevent Pro from personally exercising the
duties required of him for a period of longer than 5 days,
except with the consent and approval of City. City shall
further have the right to terminate the Pro, upon giving
90 days notice in writing, when it is determined, by the
City that his services are not being performed in a
manner which is satisfactory to the City.
12) Pro shall have the right to terminate this agreement upon
giving 90 days notice in writing to City Manager that he
wishes to-so, terminate.
In Witness Whereof, the parties hereto have set their hands.
"C I TY"
City of Ukiah, a Municipal Corporah~r
/ MAYOR '
City Clerk
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