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HomeMy WebLinkAboutItem 11 - Grapevine Golf AcademyMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER)O/ FEBRUARY 18, 2003 CONTRACT FOR DIRECTOR OF INSTRUCTION — GRAPEVINE GOLF ACADEMY City Council to consider authorizing the City Manager to execute a contract with Robert Singletary for services as Director of Instruction for the Grapevine Golf Academy. FUNDING SOURCE: See attached Budget for Grapevine Golf Academy BACKGROUND: At the January 21, 2003 City Council Meeting the Council authorized the staff to establish the Grapevine Golf Academy. The academy is to be a division of the Grapevine Golf Course and is to be managed by a contract employee who will work for the Director of Golf. The staff selected and recommends Mr. Robert Singletary assume the Director of Instruction position. Mr. Singletary's base pay is to be $23,400 annually, plus City benefits. In addition, he will receive commissions from sales of academy services in accordance with the contract (see attachment). Mr. Singletary is extremely qualified for the position. His career history includes: • General Manager and Director of Golf — Meadowbrook County Club, Kilgore, Texas • Head Golf Professional — Las Colinas Country Club, Irving, Texas • Head Golf Professional — The Woodlands County Club, The Woodlands, Texas • Head Golf Professional — Colony Creek Country Club, Victoria, Texas • Head Golf Professional — Cimarron Country Club, Mission, Texas February 13, 2003 (10:23AM) • Southern Texas PGA Eastern Open Champion, 1989 US Open qualifier, 1988 • Frontier Open Champion, 1986 • NAIA National Championship Golf Team Member, 1978-1980 • Lone Star Conference Champion, 1978 Mr. Singletary has over 17 years experience in providing lessons to all levels of players, including PGA tour players. He is also experienced at using digital video swing analysis systems and has his own system which he will use as Director of Instruction in Grapevine. Staff recommends approval. WAG/cjc RAGMGoIfInstructor2-18-03 February 12, 2003 (2:03PM) Grapevine Golf Academy Budget Base Salary and Benefits $ 32,040 Professional services (brochures) 3,600 Apparatus and tools (tent) 500 Insurance premiums 1,440 Total Base Expenditures $ 37,580 olf Academy Revenues Private lessons (220 @ $90/hr) $ 19,800 3 Day clinics (16 with 6/clinic @ $400) 38,400 4 Day schools (4 with 10/sch @ $600) 24,000 5 Day Jr. Camp (4 with 10/camp @ $300) 12,000 Total Gross Revenues $ 94,200 City Share of fees $ (15,865) Green fees (12,304) Cart fees (5,376) Food and Beverage and Range fees (5,070) Supplies (4,380) Teaching Assistant fees (15,000) Subtotal uses $ (57,995) Balance for Director Commission & Benefits 36,205.00 Indirect revenues to City** Green fees $ 6,720 Cart fees $ 2,920 Sales of goods(% of sales) $ 1,650 Total indirect revenues $ 11,290 ** Estimated additional revenues to City due to more traffic outside the immediate Academy activities ( rounds of golf and use of facilities) STATE OF TEXAS COUNTY OF TARRANT EMPLOYMENT AGREEMENT For and in consideration of the mutual terms, conditions and covenants as contained herein, the following agreement ("Agreement") is entered into by and between Robert Singletary, hereafter referred as to "Singletary" and the City of Grapevine, Texas, hereafter referred to as "City". I. Singletary shall be employed by the City and serve as Director of Instruction of the Grapevine Golf Academy by performing the duties as prescribed herein and by the Director of Golf Operations. Singletary will report directly to the Director of Golf Operation. In In consideration for performing the duties as prescribed by this Agreement and by the Director of Golf Operations, Singletary shall receive: a. Bi -weekly salary of $900.00 ($23,400.00 annually) (the "Base Salary") payable every two weeks as are other regular full-time City employees, beginning on the effective date of this Agreement; b. Commissions earned in accordance with Exhibit "A" attached hereto and incorporated herein. Commissions will be paid to Singletary on the pay date of the second biweekly pay period of the month following the receipt of funds for which a commission is due. C. All benefits received by the full-time employees of the City, including, but not limited to, Health Insurance and participation in the City's retirement system, vacation benefits, sick leave accrual benefits, plus sick leave buy-back at the end of calendar year. Sick leave buy back, vacation, sick leave shall be calculated from the Base Salary only. All disability and life insurance benefits shall be calculated from the Base Salary only. d. All salary and commissions shall be subject to the same withholdings for taxes, Texas Municipal Retirement System, etc., as all regular full-time City employees. This Agreement shall be for a one (1) year period beginning , 2003 (the "Effective Date") and ending one (1) year thereafter, provided; however, that either party may cancel the Agreement, with or without cause, by giving the other parry at least ninety (90) days written notice. This Agreement may be extended for additional one (1) year periods by the written agreement of the City and Singletary. IV. In consideration for performing the duties as prescribed by this Agreement and by the Director of Golf Operations, Singletary shall: • Be available on a regular basis to provide instruction to all guests at Grapevine Golf Course. All instruction will be done exclusively at Grapevine Golf Course unless written permission is obtained from Director of Golf Operations prior to any such situation. • Report all instruction administered at Grapevine Golf Course in writing and all revenues will be collected as determined by Director of Golf Operations and Singletary. • Receive a percentage of all instruction fees collected as listed in Exhibit "A". These percentages shall be paid to Singletary on a regular basis consistent with other payroll and commission payments from the Grapevine Golf Course to its professional staff. • Be a member of the golf professional staff and report directly to the Director of Golf Operations. As a part of the golf staff, Singletary will be available as needed to fill in any other areas of the golf course operations as time permits. • Promote Grapevine Golf Course in all materials and advertisement programs as a home site of the Grapevine Golf Academy. • Provide instruction to Grapevine Golf Course professional staff as directed by the Director of Golf Operations to build consistency in teaching programs, increase knowledge and abilities of staff. • Include Grapevine Golf Course professional staff in clinics and group lessons as needed upon approval of the Director of Golf Operations. V. Singletary and the City agree and acknowledge that the position of Director of Instruction of the Grapevine Golf Academy is exempt from overtime under the Fair Labor Standards Act. M Any increases 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. VII. Singletary shall comply with all City ordinances, rules, regulations, policies and procedures. W Singletary shall not perform any acts, provide any services, or provide any work which in any manner competes with his duties under this Agreement. This Agreement has been entered into voluntarily and knowingly by Singletary and he has been given an opportunity to review it with an attorney, if he so desires. a Singletary warrants that he has read this Agreement and fully understands it to be a release and waiver of all claims, known or unknown, present or future, that he has or may have against the City, its successors or assigns, and elected or appointed officials arising out of his employment or resignation from employment. Singletary also warrants that he is of legal age, is legally competent to execute this Agreement, and that he executes this agreement of his own free will and accord, without reliance on any representation of any kind or character not expressly stated in this agreement. The provisions of this Agreement shall be severable, and if any provision shall be held to be invalid, void, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. XII. This Agreement shall not be binding on either parry until it is executed by both Singletary and the City. XIII. All notices which a party is required or may desire to give to the other party under or in connection with this Agreement shall be sufficient if given by addressing the same to the other party as follows: a. If to Singletary, to: b. If to Grapevine, to: Jim Smith City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 With copies to: Roger Nelson City Manager City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 or, for each party, at such other place as may be designated in writing by like notice. Any notice shall be deemed to have been delivered when addressed as required herein and deposited, first class postage prepaid, in the United States mail. XIV. Except where the statute of limitations requires filing a claim before mediation, and except to the extent that injunctive relief is available, any controversy or claim of either of the parties arising out of or relating to this Agreement, or the breach of the same, shall be submitted first to non-binding mediation, with mediation expenses to be borne equally by the parties. If this is unsuccessful, then the parties shall have the right to pursue any legal remedies available to them. XV. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and is performable in Tarrant County, Texas. XVI. This Agreement represents the entire understanding of the 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 day of Employee FAI 2003 (the "Effective Date"). CITY OF GRAPEVINE, TEXAS Roger Nelson, City Manager STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, , on this day personally appeared Robert Singletary known to me or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of . 2003. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Roger Nelson, City Manager of the City of Grapevine, Texas, known to me or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2003. H:Boyle-L.owrySingletaryAgreement 5 Notary Public in and for the State of Texas EXHIBIT "A" (to that certain Employment Agreement between the City of Grapevine, Texas and Robert Singletary dated , 2403. I. Definitions: 1. Annual Income — the Base Salary plus Commissions received by Singletary during a given annual period. For the purpose of this Agreement the first annual period shall begin on the date this Agreement is executed through September 30, 2004. Thereafter, the annual income shall be calculated from October 1 through September 30 of the following years. 2. City — shall mean the City of Grapevine, Texas. 3. Grapevine Golf Academy — shall mean the golf academy created, solely owned and operated by the City. 4. Gross Revenue — shall mean all income received from or through the Grapevine Golf Academy, including but not limited to schools, academies, camps, clinics, lessons, and any other activities or events that are set up as part of the Grapevine Golf Academy. Gross revenue, and the Commissions derived therefrom, shall be calculated on accrual basis. Sales tax is not a part of Gross Revenue. II. Commission Structure and Calculation: The Commission for Singletary, as a part of Annual Income, shall be calculated and paid by the City as follows: 1. On Gross Revenue of $.01 to $10,000, the City receives 40% and the Grapevine Golf Academy receives 60%. 2. On Gross Revenue of $10,000.01 to $20,000.00, the City receives 25% and the Grapevine Golf Academy receives 75%. 3. On Gross Revenues in excess of $20,000.01, the city receives 15% and the Grapevine Golf Academy receives 85%. 4. Singletary's Commission shall be the share of Gross Revenue (as listed in items II. 1, 2 and 3, above) minus all expenses (on accrual basis) from the Grapevine Golf Academy. The expenses to be deducted from the Gross Revenue received by the Grapevine Golf Academy include, but are not limited to: green fees, cart fees, food and beverages, room rentals, driving range fees, trophies, towels, tees, golf balls, certificates and other handouts that are part of the items given to participants as part of their fees to the Grapevine Golf Academy, extra staff or other professional fees to assist with lessons or schools (the extra staff or other professional fees shall be calculated at follows: $50.00 per hour for City staff; and, the actual cost for all non -City staff.) 5. Once Singletary's Annual Income exceeds $90,000.00, the City receives 40% of Gross Revenue and the Grapevine Golf Academy receives 60%. Singletary shall then receive 60% of the net of the Grapevine Golf Academy's Gross Revenue, minus expenses (as defined in item II. 4, above.) H:B oyl e-LowryS ingletaryExhibit 2