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<br />During the term of this Agreement, the Professional shall be under the supervision and <br />directly responsible to the City Manager or his duly designated representative, and said <br />salary increases shall depend upon rating from the City Manager. <br /> <br />As "Additional Compensation," City shall pay professional the following gross <br />percentages, exclusive of sales tax, or any other tax applicable to said gross percentages, <br />on revenues received by City after the first 40,000 rounds of annual play, such sums to be <br />payable by City to Professional within thirty (30) days of the close of each fiscal year of <br />City during this Agreement: <br /> <br />Green Fees Cart Rentals <br />After 40,000 Rounds After 40,000 Rounds <br />7% 15% <br /> <br />The relationship between the City and Professional shall be that of Employer-employee, <br />and shall not be construed to be a partnership relationship in any respect. <br /> <br />There shall be deducted from all compensation paid by the City to the Professional such <br />sums, including but without limitation, social security, income tax withholding, health <br />insurance, Texas Municipal Retirement, and any other taxes or state insurance, as <br />Employer is by law obligated to deduct. Except as expressly varied by the terms of this <br />Employment Agreement, the employment of Professional by City, shall be subject to all <br />of the terms and conditions of the current edition of the City of La Porte Employee <br />Policies Handbook. <br /> <br />6. CONCESSIONS: In addition to performing the duties required under Paragraph 3 <br />hereof, the Professional shall be given the exclusive privilege, and shall be required, <br />during the term hereof, to operate the following concessions on the Golf Course <br />premises: <br />A. Sale of Merchandise: The Professional shall have the exclusive right as an <br />Independent Contractor to sell golf-related merchandise, exclusive of food and <br />beverages, which concession has been contracted to another party, and to receive all <br />the proceeds therefrom, on the Golf Course property with the obligation upon the <br />Professional to maintain a proper stock to adequately serve the patrons. It is <br />understood by Professional that the City shall not be carrying business interruption <br />insurance on said golf-related merchandise for sale. The Professional shall set and <br />post business hours for the golf shop according to the season. The Professional shall <br />have the sole right to recover lost golf balls from the golf course property. <br />B. Golf Instruction: The Professional and his staff shall have the exclusive right as the <br />Independent Contractors to contract for golf lessons at the location of the Golf <br />Course. Charges for such lessons shall be fixed by and received by the Professional. <br />Records shall be kept by the Professional of the number of lessons given and charges <br />received by the Professional. <br />C. Golf Club Services: The Professional, as an Independent Contractor, at his option, <br />may offer to service, clean and repair golf clubs for patrons of the Golf Course. Any <br />revenues therefrom shall be the sole property of the Professional. If Professional <br /> <br />3 <br />