HomeMy WebLinkAboutO-1991-1791
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CITY OF LA PORTE
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September 21, 1994
TO:
FROM:
SUBJECT:
Robert T. Herrera, City Manager
Alex Osmond, Golf Course Professional
Contract Renewal
Pursuant to Paragraph 1 of the Employment and Lease Agreement entered into between
myself and the City of La Porte on October 1, 1991, terminating on September 30, 1994, I
hereby give you notice that I am exercising my two year option to renew said Agreement,
on the same terms and conditions as the original Agreement, and on a month to month
basis thereafter, until terminated by either myself or the City of La Porte, upon thirty (30)
days prior written notice from the terminating party to the non-terminating party.
It is my pleasure and privilege to continue in the employ of the City of La Porte. Please
indicate your acceptance of this extension by your signature in the space provided below,
retain an original for yourself, and please return an original to me for my records.
Please contact me if you have any questions or concerns, and I thank you for your
consideration and courtesies extended to date.
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Ale Osmond, City of La Porte
Golf Professional
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Date
ACCEPrED:
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Robert T. Herrera, City Manager
CITY OF LA PORTE
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ORDINANCE NO. 1791
AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND FOR THE CITY
OF LA PORTE BAY FOREST GOLF COURSE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of October, 1991.
CITY OF LA_ ~O~T~
By;i~~ Mayor
AT~~
City secretarY~
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Clty Attorney ~
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STATE OF TEXAS S
S
COUNTY OF HARRIS S
EMPLOYMENT AND LEASE AGREEMENT
THIS EMPLOYMENT AGREEMENT, entered into effective the 1st
day of October, 1991, by and between the CITY OF LA PORTE, a
municipal corporation, of Harris County, Texas, sometimes
hereinafter designated as "Employer" or the "City", and ALEX
OSMOND, sometimes hereinafter designated as the "Professional" or
the "Lessee", or "Independent Contractor".
WHEREAS, City has constructed, and will own and operate the
City of La Porte Bay Forest Golf Course, hereinafter referred to
as the nGolf Course".
WHEREAS, the City is desirous of entering into a written
Employment and Lease Agreement with Professional, all upon the
terms and conditions hereinafter set forth:
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. TERM OF AGREEMENT: City hereby employs Professional for
the term beginning on October 1, 1991, and terminating September
30, 1994, with a 2 year option by Employee to renew (on the same
terms and conditions), and on a month to month basis thereafter,
until terminated by either party hereto, upon thirty (30) days
written notice to the other party. Employee hereby accepts such
employment.
2. LEASE OF FACILITIES: The Professional hereby leases from
City and City hereby leases to Professional, upon the terms and
conditions herein contained, for the period of employment of
Professional described in Paragraph 1 above, the facilities and
the golf course clubhouse described on Exhibit "A", attached
hereto and fully incorporated by reference herein; and golf range
facility, described on Exhibit "B", attached hereto and fully
incorporated by reference herein. Rental shall be paid by
Professional to City for said facilities in the amount of $1.00
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per year or for any part of a year, commencing on October 1,
1991, with additional installments of rental due and payable to
City by Professional on or before each annual anniversary date of
this contract.
3. DUTIES OF THE PROFESSIONAL:
A. The Professional shall devote his time, attention and
energies to the performance of duties as golf professional at the
Golf Course during the term of this Agreement. He shall conduct
himself at all times and in all matters in accordance with the
standards accepted for golf professionals established by the PGA,
and in accordance with the rules contained in the City of La
Porte Personnel policy Manual.
B. The Professional shall conduct all golf tournaments and shall
initiate and promote golf activities for patrons of the Golf
Course.
C. The Professional shall cooperate with Golf Course patrons and
render professional advice, opinions, assistance and services as
required.
D. The Professional shall maintain a credit rating with
suppliers and manufacturers and others so as not to discredit the
reputation or name of the City. Except in the event of a dispute
involving goods or services provided by suppliers or manufac-
turers, invoices shall be paid within sixty (60) days of due date
by Professional.
E. The Professional shall supervise, direct and train a staff of
employees, of both Professional and City, including Assistant
Professionals, so as to perform duties and meet requirements for
sales, rentals and services which are, in the opinion of the City
and the Professional, necessary.
F. Professional shall operate and maintain a golf shop for
repairs, handling, s~orage, sales, leasing, and services related
to golf equipment (excluding private power golf car repair). The
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City of La Porte shall provide necessary fire and burglar alarm
systems for areas on the golf course clubhouse premises.
Professional, and his employees shall secure said premises at all
times. Professional shall be responsible for carrying insurance
as he deems necessary to cover equipment and merchandise utilized
by Professional and his employees on the operation and
maintenance of the golf pro shop, including insurance on
merchandise and equipment utilized by Professional and his
employees. It is understood by Professional that the City of La
Porte shall not be maintaining any insurance coverage on
merchandise or equipment of Professional.
G. The Professional will supervise and work closely with the
Greens Superintendent.
H. The Professional agrees to be available to attend meetings of
the La Porte City Council, and the City's Golf Course Advisory
Committee, and other meetings as directed by the City Manager (or
his duly designated representative) as may be necessary to
discuss areas within the realm of Professional's duties.
4. DUTIES OF CITY:
A. The City agrees to employ, subject to the supervision of
Professional, golf course personnel as may be necessary for the
proper maintenance and operation of the Golf Course. Provided
that said personnel shall be employed only if sufficient funds
are provided for by the City Council in its most recent adopted
budget on behalf of the City of La Porte. Food and beverage
service will be contracted by City to a third party, and
Professional shall have no responsibility nor liability for such
service. Professional shall be responsible for the employment
and payment from his own funds, of Professional's pro shop
employees, and will carryon behalf of Professional's pro shop
employees worker's compensation insurance and such other
insurance as is provided by law that an employer pay on behalf of
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his employees.
B. The City will provide Professional the usual and customary
employment benefits, except "pay for performance" benefits, as
are received by all full time City of La Porte employees, in
accordance with the edition of the City of La Porte Personnel
Policy Manual most recently adopted by the Council of the City of
La Porte.
5. COMPENSATION: In addition to other remuneration herein
indicated to be received by the Professional, under paragraph 6,
Concessions, the Professional shall be paid for his services the
annual sum of Thirty-five Thousand Dollars ($35,000.00) for each
annual period commencing October 1, 1991, payable in bi-weekly
installments. During the term of this Agreement, the
Professional shall be under the supervision and directly
responsible to the City Manager or his duly designated
representative.
As "Additional Compensation", City shall pay Professional
the following gross percentages, exclusive of sales tax, or any
other tax applicable to said gross percentages, on revenues
received by City after the first 40,000 rounds of annual play,
such sums to be payable by City to Professional within thirty
(30) days of the close of each fiscal year of City during this
Agreement:
Green Fees
After 40,000 Rounds
Cart Rentals
After 40,000 Rounds
7%
15%
The relationship between City and Professional shall be that
of Employer-Employee, and shall not be construed to be a
partnership relationship in any respect.
There shall be deducted from all compensation (except
for Additional Compensation as above defined) paid by the
City to the Professional such sums, including but without
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limitation, social security, income tax withholding, health
insurance, Texas Municipal Retirement, and any other taxes or
state insurance, as Employer is by law obligated to deduct.
Except as expressly varied by the terms of this employment
agreement, the employment of Professional by City, shall be
subject to all of the terms and conditions of the current edition
of the City of La Porte Personnel policy Manual.
6. CONCESSIONS: In addition to performing the duties
required under Paragraph 3 hereof, the Professional shall be
given the exclusive privilege, and shall be required, during the
term hereof, to operate the following concessions on the Golf
Course premises:
A. Sale of Merchandise: The Professional shall have the
exclusive right as an Independent Contractor to sell golf-related
merchandise (exclusive of food and beverages, which concession
has been contracted to another party), and to receive all the
proceeds therefrom, on the Golf Course property with the
obligation upon the Professional to maintain a proper stock to
adequately serve the patrons. It is understood by Professional
that the City of La Porte shall not be carrying business
interruption insurance on said golf-related merchandise for sale.
The Professional shall set and post business hours for the golf
shop according to the season. The Professional shall have the
sole right to recover lost golf balls from the golf course
property.
B. Golf Instruction: The Professional and his staff shall have
the exclusive right as the Independent Contractors to contract
for golf lessons at the location of the Golf Course. Charges for
such lessons shall be fixed by and received by the Professional.
Records shall be kept by the Professional of the number of
lessons given and charges received by the Professional.
C. Golf Club Services: Professional, as an Independent
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Contractor, at his option, may offer to service, clean and repair
golf clubs for patrons of the Golf Course. Any revenues
therefrom shall be the sole property of the Professional. If
Professional decides not to offer said service, he shall so
notify the City in writing, which shall then have the right to
offer this concession to a third party.
D. Power Golf Cars and Golf Carts: The Professional and/or his
assistant shall be responsible for the leasing of power golf cars
to patrons of the Golf Course, and the handling of bags on and
off said cars. The power golf cars are owned and maintained by
City. The decision to allow cars on the course shall be
determined by the Greens Superintendent after consultation with
the Professional. The revenues for power golf cars shall be
solely the property of the City, subject to the Professional's
right, however, to additional compensation as provided in
Paragraph 4.
E. Golf Range: Professional shall be responsible for the
operation of the golf range, and shall have the exclusive right
to rent practice balls in the area provided by the Golf Course
for that purpose and to receive all revenues therefrom. The
Professional will provide ball dispensing machines, range balls,
retrieval and washing equipment. City will be responsible for
grass cutting and maintenance of the range.
F. Cash Register: Employee shall maintain a separate cash
register for Employee's golf shop, driving range, and private
lessons. All green fees, power cars, and cart rentals, and any
other revenues from the golf course, shall be rung up and
maintained in a separate cash register to be furnished by the
City. Professional shall follow accounting procedures
established by the City's Director of Finance to account for all
green fees, power car and cart rentals, and any other revenues
from the golf course. Professional understands as part of the
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City's accounting practice, inter-departmental audits may be
conducted by the City's Director of Finance, or said Director's
designated representative, at his discretion.
G. Reporting: Professional shall furnish the City Manager with a
copy of Professional's sales tax returns and Schedule "c" tax
return on Professional's operations.
7. TERMINATION: This Agreement will terminate in any of
the manners provided in the City of La Porte Personnel pOlicy
Manual, or upon the happening of any of the following events:
A. Upon its normal termination if not renewed.
B. Upon the death of the Professional.
C. Upon the physical disability of the Professional. Said
disability shall be such as will incapacitate the Professional
for an aggregate of six months during the working period of this
Agreement. After such period the City can elect to terminate
this Agreement within 60 days after notice is delivered to the
Professional.
D. Upon written notice by the City of termination for good and
sufficient cause. Such good and sufficient cause shall include,
but not be limited to, the following:
1. Dishonesty detrimental to the best interests of the
City.
2. Continuing inattention or negligence of duties.
3. Suspension from the PGA for more than 30 days.
4. Illegal or immoral conduct.
In the event of termination of this Agreement, the
Professional shall be paid his compensation to and including the
month of death or, in the event of disability, shall be paid to
the last day of the month in which termination occurs.
In the event of termination by death, disability, or by the
City other than for good and sufficient cause prior to the normal
termination date, the Professional or his representative may
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elect to have the City purchase all logo-type merchandise
purchased within the previous one (1) year, at Professional's
cost less depreciation as set forth under standard accounting
practices, and to pay the same to the Professional or his
representative within 30 days of the date of the notice of such
election.
The Professional shall be responsible for all outstanding
debts of the Professional.
8. OTHER EMPLOYMENT: Professional shall not, during the
term hereof, be interested directly or indirectly, in any manner,
as partner, officer, director, stockholder, advisor, employee or
in any other capacity in any other business similar to the City
of La Porte Bay Forest Golf Course, or any allied trade.
9. VACATION AND SICK LEAVE: Employee's vacation, sick
leave, and other benefits as an employee of the City of La Porte,
shall be as set forth in the current edition of the City of La
Porte Personnel policy Manual, except as modified by this
Agreement.
10. NON-ASSIGNABILITY: The parties hereto agree that
Employee's services are personal and that this Employment and
Lease Agreement is executed with respect thereto. This
Employment and Lease Agreement shall not be assignable by
Employer but shall be binding upon the heirs, administrators, and
executors of Employee. Neither the Employee; nor his wife nor
his heirs have any right to sell, transfer or assign the right to
receive payments hereunder and any such attempted assignment or
transfer shall, at the option of Employer, terminate this
Agreement.
11. NOTICES: All notices, requests, demands and other
communications provided for by this Agreement shall be in writing
and shall be deemed to have been given upon deposit thereof for
mailing at any general or branch United States Post Office
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enclosed in a registered or certified postpaid envelope and
addressed as follows:
TO THE CITY: CITY OF LA PORTE
P.O. Box 1115
La Porte, Texas 77571
Attn: City Manager
TO THE PROFESSIONAL: Alex Osmond
201 Bay Forest Drive
La Porte, Texas 77571
The parties hereto may designate a different place at which
notice shall be given provided, however, that any such notice or
change of address shall be effective only upon receipt.
12. ENTIRE UNDERSTANDING: This Agreement supersedes any
other prior agreements and sets forth the entire understanding of
the parties hereto with respect to the subject matter thereof and
no other representations, warranties or agreements whatsoever
have been made to Employee not herein contained. This Agreement
shall not be modified, amended or terminated except by another
instrument in writing executed by the parties hereto.
13. SEVERABILITY: In case one or more of the provisions
contained in this Agreement (or any portion of any such
provisions) shall for any reason be held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this
Agreement (or any portion of any such provision), but this
Agreement shall be construed as if such invalid, illegal or
unenforceable provision (or portion thereof) had never been
contained herein. The failure by either party, at any time, to
require performance by the other party of any of the provisions
hereof, shall not be deemed a waiver of any kind nor in any way
affect the aggrieved party's rights thereafter to enforce the
same.
14. GOVERNING LAW: This Agreement and all rights,
obligations and liabilities arising hereunder shall be construed
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and enforced in accordance with the laws of the State of Texas.
Venue of any action hereunder shall be in Harris County, Texas.
15. ATTORNEYS FEES: In the event it becomes necessary to
commence any proceeding or actions to enforce the provisions of
this Employment and Lease Agreement, the Court before whom the
same shall be tried, may award to the prevailing party all costs
and expenses thereof, including but not limited to, a reasonable
attorney's fee, the usual, customary and lawfully recoverable
Court costs, and all other expenses in connection therewith.
16. INDEMNITY: Employee agrees to save and hold harmless
City from any loss, claim, or liability, including expenses of
litigation and reasonable attorney's fees, which the City may
incur, by reason of any act, negligence, or omission, of
employee, in connection with this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Employment and Lease Agreement the date first above written.
"EMPLOYER"
CITY OF LA PORTE
By:G?~ T, ~
ROBERT T. HERRERA
City Manager
'PRZ1{tJi;~~
ALEX OSMOND
ATTEST:
~~
CHERIE BLACK,
City Secretary
f14.zJ
KNOX W. ASKINS
City Attorney
APPROVED:
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