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Home My WebLink AboutItem 03 - Director of GolfITEM I � 1,3�� MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGEFQ ,/ MEETING DATE: JUNE 4, 2002 SUBJECT: DIRECTOR OF GOLF EMPLOYMENT AGREEMENT RECOMMENDATION: Staff recommends that City Council authorize the City Manager to execute an amendment to the Employment Agreement with the Director of Golf. BACKGROUND: On September 22, 1992, the City Council approved an employment agreement with Mr. Jim Smith to act as Director of Golf. The agreement was amended in 1997 and expires September 30, 2002. In addition to receiving a salary and benefits similar to other City employees, the agreement provides for Mr. Smith to sell merchandise in the Golf Course Pro Shop and to operate the driving range. Mr. Smith incurs the expense for these two operations and receives the benefit of any profit from any sales of merchandise and driving range operations. The agreement was amended in 1997 to provide that Mr. Smith will reimburse the City 10% of gross receipts from pro shop and driving range sales, less sales to other City employees and other golf clubs. Mr. Smith has advised that the arrangement continues to be successful and that the percentage of revenues to be reimbursed to the City should be raised to 15%, effective the month following the permanent opening of all 27 holes. We are currently planning all 27 holes open in May or June of 2003. The renewal recommended is for a one-year term beginning October 1, 2002 with automatic one-year extensions for additional one-year periods though September 30, 2007. All other provisions of the agreement are unchanged. Staff recommends approval. WAG/cjc H:AGMS mithGolfAgreement6-4-02 May 28, 2002 (2:24PM) STATE OF TEXAS § In' ,_. § KNOWN ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § THIRD AMENDMENT TO EMPLOYMENT AGREEMENT This Third Amendment to the Employment Agreement (the "Agreement") dated September 22, 1992, is made as of the 4' day of June, 2002, by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and Jim Smith (hereinafter referred to as "Smith"). WHEREAS, the City and Smith desire to amend the Agreement and any amendments thereto, same being attached hereto as Exhibit "A" incorporated herein. WHEREAS, the City and Smith entered into Amendments to the Agreement dated February 4, 1997, and October 1, 1997, (the "Amendments"); NOW THEREFORE, in consideration of the above premises, the Agreement is amended as follows: 1. Section II (d) is hereby amended in its entirety and replaced to read as follows: d. The City shall be reimbursed an amount equal to ten percent (10%) of the gross Pro Shop merchandise sales. The gross Pro Shop merchandise sales shall not include sales to City employees or sales to other golf clubs. In addition, the City Shall be reimbursed in amount equal to ten percent (10%) of the gross proceeds from the operation of the driving range. Effective the first day of the month following the permanent opening of all 27 holes of the golf course, the percentages for reimbursement provided for hereinabove in this section shall become fifteen percent (15 %). Smith shall remit the proceeds to the City by the 10' day of each month, following the month of sale. 2. Section III is amended to read as follows: The term of this Agreement shall be extended for one additional one (1) year period beginning October 1, 2002, and ending one (1) year thereafter, provided that the term of this Agreement shall be automatically extended for one (1) year periods until September 30, 2007, unless either party notified the other party of its intention to terminate this Agreement in accordance with Section IV hereof. Any increases in the aforesaid base salary shall be dependent upon such (annual) adjustments in effect at such particular time. 3. All other terms and conditions of the Agreement and Amendment not hereby amended shall remain the same and in full force and effect. Executed this day of 2002. ATTEST: Linda Huff, City Secretary APPROVED AS TO FORM: L-5 John F. Boyle, Jr. City Attorney CITY OF GRAPEVINE, TEXAS LN Roger Nelson, City Manager AGREED: Un Jim Smith STATE OF TEXAS § 0 § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment to the Employment Agreement (the "Agreement") dated September 22, 1992 is made as of the 1st day of October; 1997 by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and Jim Smith (hereinafter referred to as "Smith"). WHEREAS, the City and Smith desire to amend the Agreement and the Amendment, same being attached hereto as Exhibit "A" incorporated herein. WHEREAS, the City and Smith entered into an Amendment to the Agreement date February 4, 1997 (the "Amendment"); and A new Section II(d) is hereby created to read as follows: d. The City shall be reimbursed an amount equal to ten percent (10%) of the gross Pro Shop merchandise sales. The gross Pro Shop merchandise sales shall not include sales to City employees or sales to other golf clubs. In addition, the City shall be reimbursed an amount equal to ten percent (10%) of the gross proceeds from the operation of the driving range. Smith shall remit the proceeds to the City by 10th day of each month, following the �w month of sale. NOW, THEREFORE, in consideration of the above premises, the Agreement is amended as follows: 1. All other terms and conditions of the Agreement and Amendment not hereby amended shall remain the same and in full force and effect. Executed this _Z— 0114 day of 1997. CITY OF GRAPEVINE,TE ^ S By: Roger Nelson, Interim City Manager ATTEST:,�e GRA PF�,�y` j�j Iml By: U1 1ai1 linda Huff, City etary ,-S-'% APPROVED BY COUNCIL q r '17 ~ By. City Attorney )v M- EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT § OFFI C I A L.. RECORD EMPLOYMENT AGREEMENT For and in consideration of the mutual terms, conditions and covenants as contained herein, the following agreement is entered into by and between Jim Smith, hereafter referred to as "Smith" and the City of Grapevine, Texas, hereafter referred to as "City.,, I. Smith shall serve as Director Of Golf Operations by performing the duties as prescribed by the City manager. Smith shall have Department Head status with the exception of a monthly car allowance and report directly to the City Manager. In Consideration for such services, Smith shall receive: a. Annual salary of$50,000-00 payable every two weeks as are other City employees, be om the sale, use or ginning October 1, 1992 through September 31, 1993. b. 100% of the income derived fr rental of all merchan"*se, driving range activities, golf club repair, golf club rental or lessons and the used golf ball concession. c• All benefits received by the full time employees of the City, including Health Insurance and participation in the City's retirement system, with the exception of vacation benefits, sick leave accrual benefits plus the end of calendar year. sick leave buy back at III. This Agreement shall be for a one beginning October 1, 199' and ending one (1) year period provided that the initial' (1) year thereafter; one (1) year term of shall be automatically extended for additional this Agreement one periods until September 30, 1997, unless either (1) year party notifs the other party of its intention to terminate this Agreementiin accordance with Section IV hereof. Any increase in the aforesaid base salary shall be dependent upon such (annual) review and in accordance with City guidelines for salary adjustments in effect at such particular time. 0944X/58 IV. Either party must give the other party at least six (6) months notice in writing of termination of this Agreement. V. Upon termination or resignation as the case may be, the City shall purchase all merchandise at cost; range equipment and fixtures shall be purchased at their appraised value. P" Upon the effective date of this Agreement (October 1, 1992), the City shall purchase the golf carts at 90% of their trade-in value. Tools shall be purchased at their appraised value and computer programs shall be purchased at their original purchase price. Said items to be purchased are set out by the hereto attached Exhibit "A." VII. This - represents the entire understanding of the his Agreement L., %. parties and any change, alteration or modification of this Agreement shall be effective only in writing. Venue for this Agreement shall be in Tarrant County, Texas. EXECUTED this~a day of -5Ef7ifMBE-,,_0 —, 1992. JIM SMITH rfy�� CITY OF GRAPEVINE, TEXAS City Manager APPROVED BY COUNCIL SEP 15 1992 STATE OF TEXAS § ' § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TAR]RANT § WMAIRIel"31 k I. This Amendment to the Employment Agreement (the "Agreement") dated September 22, 1992 is made as of the 4th day of February , 1997 by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and Jim Smith (hereinafter referred to as "Smith"). WHEREAS, the City and Smith desire to amend the Agreement, same being attached hereto as Exhibit "A" incorporated herein. NOW, THEREFORE, in consideration of the above premises, the Agreement is amended as follows: 1. Section III, is amended to read as follows: This Agreement shall be for a one (1) year period beginning October 1, 1992 and ending one (1) year thereafter; provided that the initial one (1) year term of this Agreement shall be automatically extended for additional one (1) year periods until September 30, 2002, unless either party notifies the other party of its intention to terminate this Agreement in accordance with Section IV hereof. Any increase in the aforesaid base salary shall be dependent upon such (annual) adjustments in effect at such particular time. All other terms and conditions of the Agreement not hereby amended shall remain the same and in full force and effect. Executed this day of 1997. CITY OF GRAPEVINE, TEXAS By:f::�- Trent Petty, Ci y Man , er ATTEST: teBy: �c.X _ Linda Huff, Cit cretary ••'i i i i' By: City Attorney APPROVED BY COUNCIL 02--04--q? AGREED: By: Smith