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HomeMy Public PortalAbout101-2020 - Parks - Derek McNeely - Gofl Club Manager at Highland LakeAGREEMENT FOR GOLF COURSE CLUBHOUSE MANAGER AT HIGHLAND LAKE MUNICIPAL GOLF COURSE THIS AGREEMENT made and entered into this Lo day o , 202 by and A .�� between the City of Richmond, Indiana, a municipal corporation actin y and through its Board of Parks and Recreation, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (the "City") and Derrick McNeely (hereinafter individually and/or collectively referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK A. Scope of Work City is authorized to contract for services relative the management of the Highland Lake Golf Course Clubhouse; and Contractor has requested and demonstrated an ability to furnish such serves to the City, which the City has determined provides a value to Highland Lake Golf Course. The City and Contractor each acknowledge that it would be of mutual benefit to the parties herein that Contractor provide the services in exchange for specific consideration as hereinafter set forth. Notwithstanding Contractor's prior position as an employee of the City, specifically, at the Highland Lake Golf Course, Contractor's services as described herein are provided purely as an independent contractor, which relationship is more particularly described below. As such, City shall not be responsible for any tax withholdings of Contractor. Specifically, Contractor shall provide the following services to City: r L Manage and operate the Highland Lake Golf Course Clubhouse during the course of the :golf season, which season is to be determined by the City. Although the golf season is subject to change, it is anticipated that the same will typically be from February 15th through December 151h of each year; however, as is noted above, Contractor may be required to perform the services contemplated herein outside of the scope of the above- refenced timeframe if directed by City through its authorized representative, which shall be the Golf Course Director. 2: Collect fees"for and on behalf of the City in the amount which shall be determined by the City. Additionally, Contractor will collect fees, including any applicable sales tax upon, including but not limited to, the following items: a. Green fees, punch cards, and memberships. b. Tournament fees. c. Cart fees. d. Range use fees. e. Club repair fees. f. Pro shop merchandise. Contract No.101-2020 Page 1 of 6 g. Food and beverage operation. h. School group fees. 3. Deposit all funds and provide documentation and reporting of fee collection, tee times, and supporting data as directed by the City. 4. Submit to City a daily account of each day's total receipts in the specific manner in which Contractor deems appropriate; however, in consultation with the City's needs, together with daily cash register Point of Sale ("POS") printout, and the daily total cash receipts and cash POS records, together with an itemized account of each day's transactions. 5. Make daily deposits. 6. Comply with any additional reporting requirements as a result of requests by the City Finance Department so as to ensure that the City is in compliance with all accounting controls and procedures as identified and required through the State Board of Accounts. 7. Date and reflect the name of the purchaser of all seasonal fee receipts. 8. Require all golf patrons to pay to utilize the Highland Lake Golf Course, which includes seasonal passes. 9. Exercise discretion in maintaining appropriate order of the golf course and Clubhouse. 10. Exercise discretion in controlling traffic and play on the golf course. 11. Ensure that the Clubhouse remains open during times directed by the City. 12. Operate a concession, beverage cart, and offer food for sale of lunches. Contractor agrees to receive input from the City as to the selection of food and beverage items offered for sale, which shall include beer. 13. Contractor shall have autonomy and discretion in carrying out the agreed upon services described herein; however, agrees to maintain personal presence in an amount of time that is adequate to ensure efficient operation of the Clubhouse. 14. Provide golf instruction to patrons in a manner not interfering with the regular play of the golf course. 15. Repair clubs as requested. 16. Conduct tournaments and promote golf activities for members and guests in cooperation with the City, which shall be approved by the City. 17. Attend regular meetings of the Board of Richmond Parks and Recreation unless City determines that such attendance is not necessary. 18. Comply with all federal, state and local laws. 19. Provide and maintain insurance as directed by the City. A certificate of insurance shall be filed with the City Finance Department and Park and Recreation Business Manager. The City shall be named as an additional insured on the policy. 20. Ensure that any staff working within the Clubhouse or managing the same in the absence of Contractor is capable and properly trained to conduct such work. 21. Ensure appropriate cleaning schedules of all areas of the Clubhouse and be responsible for litter cleanup within one hundred (100) feet of the Clubhouse. 22. Pick up range balls in the event that City is not capable of picking up the same in a manner that allows for sufficient balls to be in stock at the Clubhouse. 23. Be responsible for all federal and state taxes, including all self-employment tax, estimated tax payments and/or withholding due to the federal or any state government in relation to income derived by Contractor under this agreement in connection with the performance of this Agreement. 24. Use best efforts to promote the Highland Lake Municipal Golf Course and the City of Page 2 of 6 Richmond. The City agrees to the following: 1. City shall permit Contractor to use and occupy the Clubhouse according to the terms specified herein without charge. 2. City shall provide repairs and maintenance of the Clubhouse structure at no expense to Contractor unless such repairs and maintenance are caused by Contractor or his employees. No alterations to the Clubhouse structure or fixtures will be allowed except when approved by the City. 3. City shall pay the Contractor the remuneration set forth in Exhibit "A" which is attached hereto and incorporated by reference herein. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-1 l(a)(2); and SECTION 2. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not. an employee or agent of the City of Richmond for the purposes of the provision of the services described herein. The Contractor shall provide, at his own expense, competent supervision of the work. Contractor functions purely as an independent contractor who: (1) has the right to direct the work contemplated herein; (2) may implement his own financial controls when considering his own financial investment thereby standing to make a profit or loss; and (3) is not entitled to any employment compensation or benefits under this Agreement. SECTION 4. TERM OF AGREEMENT This Agreement shall be effective beginning September 1, 2020 and end on September 1, 2023. Notwithstanding the term of this Agreement, the City and/or Contractor may terminate this Agreement in whole or in part, with or without cause, at any time by giving at least five (5) working days written notice. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. Upon termination, Contractor shall be entitled to retain any product subject to this Agreement; however, the City will have the first option to purchase the same at a price to be agreed upon by the parties. SECTION 5. COMPENSATION Page 3 of 6 City shall pay Contractor at the rates indicated in Exhibit "A" attached hereto and incorporated by reference. SECTION 6. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as required by the City as will protect it from claims which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. SECTION 7. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION 8. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION 9. PROHIBITION AGAINST DISCRIMINATION Page 4of6 A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION 10. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION 11. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in Page 5 of 6 whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by the City in its efforts to enforce this Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By: � Q- - OEC-� Mike Foley, Park B and President Date: S,o2 / E-20 Approved: / d' M. Sn r Date: 0 1,0 "CONTRACTOR" DERRICK McNEELY By: 10 Derrick McNeely Date: V2-Z Z—O26 Page 6 of 6 EXHIBIT A 1. In consideration for the services being provided by Contractor, City shall pay the annual sum of $23,620, which shall be paid bi-weekly in equal installments (yearly amount divided by number of contract pays in that year), commencing the end of the first pay after this contract is entered into by the City and Contractor. 2. Contractor shall be entitled to retain all fees associated with club repairs, invoices for which shall be submitted to the City Finance Department, which will be paid in full within 30 days of receipt. All fees associated with club repair shall be receipted by City through Highland Lake Golf Course, which will then be issued to Contractor consistent with the above. 3. The Contractor understands that he is not entitled to any fees or commissions in any other capacity other than club repairs as set forth herein.