FISCAL IMPACT
There is no additional impact on the General Fund associated with the approval of the lease agreement or amendment of a golf course management agreement with Touchstone Golf LLC. The lease over five years shall not exceed $964,847, with a projected annual cost of $192,969. Funds are available in the Golf Fund to cover the FY 2024-25 annual cost and have been budgeted accordingly. The annual payments in future fiscal years will be included as part of the City's proposed budget.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15738.
ATTACHMENTS
1. Resolution Approving Lease Agreement for Golf Carts_2nd Amendment to Management Agreement_CAO Stamp
2. Exhibit A - City of Vallejo _PNC Bank Lease
3. Exhibit B - Second Amendment to Blue Rock Golf Management Agreement_CAO Stamp
4. First Amendment to Blue Rock Golf Management Agreement
5. Blue Rock Golf Management Agreement_SIGNED
CONTACT
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
RESOLUTION NO. 24-_______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING (1) A LEASE AGREEMENT WITH PNC BANK, N.A. IN THE AMOUNT OF $964,847 OVER A FIVE-YEAR TERM TO PROCURE 130 NEW GOLF CARTS FOR THE BLUE ROCK SPRINGS GOLF COURSE AND (2) A SECOND AMENDMENT TO THE GOLF
COURSE MANAGEMENT AGREEMENT WITH TOUCHSTONE GOLF, LLC
RELATED TO SAME, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS
WHEREAS, The City-owned Blue Rock Springs Golf Course is located on 225 acres and includes two 18-hole golf courses. The Course’s original golf cart fleet of 120 carts was replaced in 2015 and again in 2019, and is now at the end of its useful life; and WHEREAS, on January 1, 2018, Touchstone Golf, LLC entered into a management agreement with the City to operate and manage the Blue Rock Golf Course, which was amended in 2021 to extend the term to expire in 2025. Since Touchstone Golf, LLC has taken over operations, conditions at the Golf Course have significantly improved; and WHEREAS, a second amendment to the management agreement with Touchstone Golf, LLC is necessary to clarify that the City will procure the new golf carts and Touchstone Golf, LLC will maintain them; and
WHEREAS, the City issued an RFP in May 2023 and received responses from three vendors. Staff is recommending EZ GO as the vendor based on quality, price, and municipal experience; and
WHEREAS, Staff has negotiated a lease for the 130 new EZ GO golf carts on favorable terms to the City in the amount of $964,847 over a five-year term; and WHEREAS, the Golf Enterprise Fund's share of the anticipated first year’s cost of the lease for the new golf carts is included in the FY 2024-25 Budget as part of the Fund's expenditures, and the ongoing annual cost is anticipated to be covered by revenues from the Golf Course.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a lease agreement with PNC Bank, N.A. in the amount of $964,847 over a five-year term to procure 130 new golf carts for the Blue Rock Springs Golf Course. Said lease agreement is attached hereto as Exhibit A and incorporated by reference.
BE IT FURTHER RESOLVED that the City Council hereby approves a Second Amendment to the Golf Course Management Agreement with Touchstone Golf, LLC related to same. Said amendment is attached hereto as Exhibit B and incorporated
by reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements, with any modifications recommended by the City Attorney and the City Clerk to attest.
PASSED AND ADOPTED by the City Council of the City of Vallejo at a special meeting thereof held on August 5, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Robert H. McConnell
Sampayan
ATTEST:
Dawn Abrahamson, City Clerk
v20240
205
SE
Welcome Letter
April 4, 2024
City of Vallejo
Course Name:
Blue Rock Springs
655 Columbus Parkway
Vallejo
,
CA
94591
RE: Lease Number
98986049-4
To Whom It May Concern:
Thank you for choosing PNC
Bank, National Association
as your financing source. Enclosed you will find the following documentation:
Lease
Agreement
:
Please sign, print name, title and date
.
Schedule A (if applicable):
Please initial at the bottom of the page.
Insurance:
Please
note
the
page
detailing
instructions
regarding
the
certificate
of
insurance
required
under
the
terms
of
the
lease.
Simply
forward
a
copy
of
the
signed
page
to
your
insurance
carrier,
so
that
they
may
issue
the
appropriate
certificate
on
a
timely
basis.
Payment Schedule:
Please sign, print name, title and date in the lower left hand corner of the page.
Resolution
and
Certificate
of
Incumbency:
Please
have
all
authorized
signers
(including
the
individual
who
signed
the
documents)
sign
in
the
middle
section
along
with
the
Corporate
Secretary
or
Assistant
Secretary,
who
should
complete
the
bottom
section
of
the
document.
This
person
must
complete
the
top
and
bottom
sections
of
the
document.
If
you
have
a
corporate
resolution
available,
please
include
that
in
the
return
of
your
documents.
If
this
document
does
not
apply
to
your
business
structure,
please send a copy of your Operating Agreement, Partnership Agreement or Incorporating documents.
Customer Information Form:
Please complete and return.
Notification of Tax Treatment:
Please complete and return.
Return Rider:
Please complete and return.
Meeting Minutes:
Please return a copy with the lease agreement.
We
appreciate
this
opportunity
to
serve
you
and
look
forward
to
working
with
you
in
the
future.
Should
you
have
any
questions
before
sending
the documents, please feel fr
ee to c
ontact
me at
If you have questions or need information on your contract in the future, you can call our customer service team at 800-559-2755
or email
them
at
Sincerely,
Gillian Wixted
Sales Specialist
C03
Muni Short Form Lease Pkg FMV (Taxable $500k over)
V202
402
20 Lease Agreement
Dated as of
April 4, 2024
Lease Number
:
98986049-4
Lessor:
PNC Bank, National Association
655 Business Center Drive
Horsham, Pennsylvania 19044
Lessee:
LESSEE FULL LEGAL NAME
FEDERAL TAX ID
City of Vallejo
946000448
655 Columbus Parkway
Vallejo
,
CA
94591
Equipment Description
:
Quantity
Description
Serial N
o.
130
(130) 2024 E-Z-GO RXV Elite
Payment Information
Number of Payments:
60 Rent Amount:
See Payment Schedule
+ Applicable Taxes
Payable:
Monthly
Quarterly
See Attached
Variable
Payment
Structure
Lease Term (in months):
60 months
End of Lease Provision:
FMV- Cars
Rental
PUT - ________
FMV
–
Turf (Annual Hours ______)
$1 Out
See
Payment Schedule
.
Lessee
shall
pay
Rent
payments
exclusively
from
legally
available
funds
in
U.S.
currency
to
Lessor
in
the
amounts
and
on
the
dates
set
forth
herein, without notice or demand
.
TERMS AND CONDITIONS
1. LEASE.
Subject
to
the
terms
of
this
Lease,
Lessee
agrees
to
lease
from
Lessor
the
equipment
(the
“
Equipment
”
)
described
above
when
Lessor accepts this Lease.
Lessee agrees
to be bound by all the terms of this Lease.
2. DELIVERY
AND
ACCEPTANCE
OF
EQUIPMENT.
Acceptance
of
the
Equipment
occurs
upon
delivery.
When
Lessee
receive
s
the
Equipment,
Lessee
agrees
to
inspect
it
and
to
verify
by
telephone
or
in
writing
such
information
as
Lessor
may
require.
Delivery
and
installation
costs
are
Lessee
’
s
responsibility.
If
Lessee
signed
a
purchase
contract
for
the
Equipment,
by
signing
this
Lease
Lessee
assign
s
its
rights, but none of
its
obligations under the purchase contract, to Lessor.
3. RENT.
Lessee
agree
s
to
pay
Lessor
Rent
(plus
applicable
taxes)
in
the
amount
and
frequency
stated
above.
If
Lessee
’
s
Rent
payments
are
due
in
Advance,
Lessee
’
s
first
Rent
payment
is
due
on
the
date
Lessee
accept
s
the
Equipment
under
the
Lease.
Lessor
will
advise
Lessee
as
to
(a)
the
due
date
of
each
Rent
payment,
and
(b)
the
address
to
which
Lessee
must
send
payments.
Rent
is
due
whether
or
not
Lessee
receives
an
invoice
from
Lessor.
Lessee
will
pay
Lessor
any
required
advance
rent
when
Lessee
signs
this
Lease.
Lessee
authorize
s
Lessor
to
change
the
Rent
by
not
more
than
15%
due
to
changes
in
the
Equipment
configuration,
which
may
occur
prior
to
Lessor
’
s
acceptance
of
this
Lease.
Restrictive
endorsements
on
checks
Lessee
send
s
to
Lessor
will
not
reduce
Lessee
’
s
obligations
to
Lessor.
NON-APPROPRIATION
OF
FUNDS.
Lessee
intend
s
to
remit
all
Rent
and
other
payments
to
Lessor
for
the
full
Lease
Term
if
funds
are
legally
available.
In
the
event
Lessee
is
not
granted
an
appropriation
of
funds
at
any
time
during
the
Lease
Term
for
the
Equipment
subject
to
this
Lease
and
operating
funds
are
not
otherwise
available
to
Lessee
to
pay
the
Rent
and
other
payments
due
and
to
become
due
under
this
Lease,
and
there
is
no
other
legal
procedure
or
available
funds
by
or
with
which
payment
can
be
made
to
Lessor,
and
the
non-
appropriation
did
not
result
from
an
act
or
omission
by
Lessee
,
Lessee
shall
have
the
right
to
return
the
Equipment
as
provided
herein
and
terminate
this
Lease
on
the
last
day
of
the
fiscal
period
for
which
appropriations
were
received
without
penalty
or
expense
to
Lessee
,
except
as
the
portion
of
Rent
for
which
funds
shall
have
been
appropriated
and
budgeted.
At
least
30 days
prior
to
the
end
of
Lessee
’
s
fiscal
year,
Lessee
’
s
chief
executive
officer
(or
legal
counsel)
shall
certify
in
writing
that
(a)
funds
have
not
been
appropriated
for
the
upcoming
fiscal
period,
(b)
such
non-appropriation
did
not
result
from
any
act
or
failure
to
act
by
Lessee
,
and
(c)
Lessee
has
exhausted
all
funds
legally
available for the payment of Rent.
4. UNCOND
ITIONAL
OBLIGATION.
LESSEE
AGREE
S
THAT
IT
IS
UNCONDITIONALLY
OBLIGATED
TO
PAY
ALL
RENT
AND
ANY
OTHER
AMOUNTS
DUE
UNDER
THIS
LEASE
IN
ALL
FISCAL
YEARS
IN
WHICH
FUNDS
HAVE
BEEN
APPROPRIATED
NO
MATTER
WHAT
HAPPENS,
EVEN
IF
THE
EQUIPMENT
IS
DAMAGED
OR
DESTROYED,
IF
IT
IS
DEFECTIVE
OR
IF
LESSEE
HAS
TEMPORARY
OR
PERMANENT
LOSS
OF
ITS
USE.
LESSEE
IS
NOT
ENTITLED
TO
ANY
REDUCTION
OR
SET-OFF
AGAINST
RENT
OR
OTHER
AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5. DISCLAIMER
OF
WARRANTIES.
THE
EQUIPMENT
IS
BEING
LEASED
TO
LESSEE
IN
“
AS
IS
”
CONDITION.
LESSEE
AGREES
THAT
LESSOR
HAS
NOT
MANUFACTURED
THE
EQUIPMENT
AND
THAT
LESSEE
HAS
SELECTED
THE
EQUIPMENT
BASED
UPON
LESSEE
’
S
OWN
JUDGMENT.
LESSEE
HAS
NOT
RELIED
ON
ANY
STATEMENTS
LESSOR
OR
ITS
EMPLOYEES
HAVE
MADE.
LESSOR
HAS
NOT
MADE
AND
DOES
NOT
MAKE
ANY
EXPRESS
OR
IMPLIED
REPRESENTATIONS
OR
WARRANTIES
WHATSOEVER,
INCLUDING
WITHOUT
LIMITATION,
THE
EQUIPMENT
’
S
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
Muni Short Form Lease Pkg FMV (Taxable $500k over)
V202
402
20 PURPOSE,
SUITABILITY,
DESIGN,
CONDITION,
DURABILITY,
OPERATION,
QUALITY
OF
MATERIALS
OR
WORKMANSHIP,
OR
COMPLIANCE
WITH
SPECIFICATIONS
OR
APPLICABLE
LAW.
Lessee
is
aware
of
the
name
of
the
Equipment
manufacturer
.
If
the
manufacturer
has
provided
Lessor
with
a
warranty,
Lessor
assigns
its
rights
to
such
warranty
to
Lessee
and
Lessee
may
enforce
all
warranty
rights
directly
against
the
manufacturer
of
the
Equipment.
Lessee
agrees
to
settle
any
dispute
regarding
performance
of
the
Equipment directly with the manufacturer of the Equipment.
6. TITLE
AND
SECURITY
INTEREST.
Unless
otherwise
required
by
the
laws
of
the
state
where
Lessee
is
located,
Lessor
shall
have
title
to
the Equipment during the Lease Term.
7. USE,
MAINTENANCE
AND
REPAIR.
Lessee
will
not
move
the
Equipment
from
the
Equipment
Location
without
Lessor
’
s
advance
written
consent.
Lessee
will
give
Lessor
reasonable
access
to
the
Equipment
Location
so
that
Lessor
can
check
the
Equipment
’
s
existence,
condition
and
proper
maintenance.
Lessee
will
use
the
Equipment
in
the
manner
for
which
it
was
intended,
as
required
by
all
applicable
manuals
and
instructions,
and
keep
it
eligible
for
any
manufacturer
’
s
certification
and/or
standard
full-service
maintenance
contract.
At
Lessee
’
s
own
cost
and
expense,
Lessee
will
keep
the
Equipment
in
good
repair,
condition
and
working
order,
ordinary
wear
and
tear
excepted.
Lessee
will
not
make
any
permanent
alterations
to
the
Equipment
and
will
remove
any
alterations
or
markings
from
the
Equipment before returning to Lessor
.
8. TAXES.
Unless
a
proper
exemption
certificate
is
provided,
applicable
sales
and
use
taxes
will
be
added
to
the
Rent.
Lessee
agrees
to
pay
Lessor,
when
invoiced,
all
taxes
(including
any
sales,
use
and
personal
property
taxes),
fines,
interest
and
penalties
relating
to
this
Lease
and
the
Equipment
(excluding
taxes
based
on
Lessor
’
s
net
income).
Lessee
agrees
to
file
any
required
personal
property
tax
returns
and,
if
Lessor asks,
Lessee
will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments.
9. INDEMNITY.
Lessor
is
not
responsible
for
any
injuries,
damages,
penalties,
claims
or
losses,
inc
lud
ing
legal
expenses,
incurred
by
Lessee
or
any
other
person
caused
by
the
transportation,
installation,
manufacture,
selection,
purchase,
lease,
ownership,
possession,
modification,
maintenance,
condition,
operation,
use,
return
or
disposition
of
the
Equipment.
To
the
extent
permitted
by
law,
Lessee
agrees
to
reimburse
Lessor
for
and
defend
Lessor
against
any
claims
for
such
losses,
damages,
penalties,
claims,
injuries,
or
expenses.
This
indemnity
continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10. IDENTIFICATION.
Lessee
authorize
s
Lessor
to
insert
or
correct
missing
information
on
this
Lease,
including
serial
numbers
and
any
other
information describing the Equipment.
11. LOSS
OR
DAMAGE.
Lessee
is
responsible
for
any
loss
of
the
Equipment
from
any
cause
at
all,
whether
or
not
insured,
from
the
time
the
Equipment
is
shipped
to
Lessee
until
it
is
returned
to
Lessor.
If
any
item
of
Equipment
is
lost,
stolen
or
damaged,
Lessee
will
promptly
notify
Lessor
of
such
event.
Then,
at
Lessor
’
s
option,
Lessee
will
either
(a)
repair
the
Equipment
so
that
it
is
in
good
condition
and
working
order,
eligible
for
any
manufacturer
’
s
certification,
or
(b)
pay
Lessor
an
amount
equal
to
the
Net
Book
Value
(as
defined
herein
)
of
the
lost,
stolen
or
damaged
Equipment.
If
Lessee
has
satisfied
their
obligations
herein,
Lessor
will
forward
to
Lessee
any
insurance
proceeds
which
Lessor
receives
for
lost,
damaged,
or
destroyed
Equipment.
If
Lessee
is
in
default,
Lessor
will
apply
any
insurance
proceeds
Lessor
receives
to
reduce
Lessee
’
s
obliga
tions
pursuant to this Lease.
12. INSURANCE.
Lessee
agree
s
to
(a)
keep
the
Equipment
fully
insured
against
loss,
naming
Lessor
as
loss
payee,
and
(b)
obtain
a
general
public
liability
insurance
policy
covering
both
personal
injury
and
property
damage
in
amounts
not
less
than
Lessor
may
tell
Lessee
,
naming
Lessor
as
additional
insured,
until
Lessee
has
met
all
their
obligations
under
this
Lease.
Lessor
is
under
no
duty
to
tell
Lessee
if
Lessee
’
s
insurance
coverage
is
adequate.
The
policies
shall
state
that
Lessor
is
to
be
notified
of
any
proposed
cancellation
at
least
30 days
prior
to
the
date
set
for
cancellation.
Upon
Lessor
’
s
request,
Lessee
agree
s
to
provide
Lessor
with
evidence
of
insurance
acceptable
to
Lessor.
If
Lessee
do
es
not
provide
Lessor
with
evidence
of
pr
oper
insurance
within
ten
days
of
Lessor
’
s
request
o
r
Lessor
receives
notice
of
policy
cancellation,
Lessor
may
(but
Lessor
is
not
obligated
to)
obtain
insurance
on
Lessor
’
s
interest
in
the
Equipment
at
Lessee
’
s
expense.
Lessee
will pay all insurance premiums and related charges.
13. DEFAULT.
Lessee
will
be
in
default
under
this
Lease
if
any
of
the
following
happens:
(a)
Lessor
does
not
receive
any
Rent
or
other
paymen
t
due
under
this
Lease
within
ten
days
after
its
due
date,
(b)
Lessee
fails
to
perform
or
observe
any
other
promise
or
obligation
in
this
Lease
and
do
es
not
correct
the
default
within
ten
days
after
Lessor
sends
Lessee
written
notice
of
default,
(c)
any
representati
on,
warranty
or
statement
Lessee
has
made
in
this
Lease
shall
prove
to
have
been
false
or
misleading
in
any
material
respect,
(d)
any
insurance
carrier
cancels
or
threatens
to
cancel
any
insurance
on
the
Equipment,
(e)
the
Equipment
or
any
part
of
it
is
abused,
illegally
used,
misused,
lost,
destroyed,
or
damaged
beyond
repair,
(f)
a
petition
is
filed
by
or
against
Lessee
under
any
bankruptc
y
or
insolvency
laws, or (g) Lessee
default
s
on any other agreement between
it
and Lessor (or Lessor
’
s affiliates).
14. REMEDIES.
Upon
the
occurrence
of
a
default,
Lessor
may,
in
its
sole
discretion,
do
any
or
all
of
the
following:
(a)
provide
written
notice
to
Lessee
of
default,
(b)
as
liquidated
damages
for
loss
of
a
bargain
and
not
as
a
penalty,
declare
due
and
payable,
the
present
value
of
(i)
any
and
all
amounts
which
may
be
then
due
and
payable
by
Lessee
to
Lessor
under
this
Lease,
plus
(ii)
all
Rent
payments
remaining
through
the
end
of
the
then
current
fiscal
year
,
discounted
at
the
higher
of
3%
or
the
lowest
rate
allowed
by
law
plus
the
Fair
Market
Value
(as
defined
herein)
of
the
Equipment
(collectively,
the
“
Net
Book
Value
”
)
and
(c)
require
Lessee
to
immediately
return
the
Equipment
to
Lessor
.
Lessor
has
the
right
to
require
Lessee
to
make
the
Equipment
available
to
Lessor
for
repossession
during
reasonable
business
hours
or
Lessor
may
repossess
the
Equipment,
so
long
as
Lessor
does
not
breach
the
peace
in
doing
so,
or
Lessor
may
use
legal
process
in
compliance
with
applicable
law
pursuant
to
court
order
to
have
the
Equipment
repossessed.
Lessee
will
not
make
any
claims
against
Lessor
or
the
Equipment
for
trespass,
damage
or
any
other
reason.
If
Lessor
takes
possession
of
the
Equipment
Lessor
may
(a)
sell
or
lease
the
Equipment
at
public
or
private
sale
or
lease
without
notice
,
and/or
(b)
exercise
such
other
rights
as
may
be
allowed
by
applicable
law.
Although
Lessee
agree
s
that
Lessor
has
no
obligation
to
sell
the
Equipment,
if
Lessor
does
sell
the
Equipment,
Lessor
will
reduce
the
Net
Book
Value
by
the
amounts
Lessor
receives.
Lessee
will
immediately
pay
Lessor
the
remaining
Net
Book
Value.
Lessee
agree
s
(a)
to
pay
all
of
the
costs
Lessor
incurs
to
enforce
Lessor
’
s
rights
against
Lessee
,
including
attorney
’
s
fees,
and
(
b
)
that
Lessor
will
retain
all
of
Lessor
’
s rights against
Lessee
even if Lessor does not choose to enforce them at the time of Lessee
’
s
default.
15. LESSEE
’
S
OPTION
AT
END
OF
LEASE.
Notwithstanding
anything
contained
in
the
Lease
to
the
contrary,
so
long
as
no
default
shall
have
occurred
and
be
continuing,
Lessee
may,
at
Lessee's
option,
purchase
the
Equipment
leased
pursuant
to
this
Lease
on
an
"as
is,
where
is"
basis,
without
representation
or
warranty,
express
or
implied,
at
the
end
of
the
Lease
Term
at
a
price
equal
to
the
Fair
Market
Value
thereof,
plus
applicable
taxes.
Fair
Market
Value
shall
be
the
retail
in-place
value
of
the
Equipment
as
determined
solely
by
Lessor.
This
purchase
option
as
applicable
shall
only
be
available
if
Lessee
gives
Lessor
90 days
’
prior
written
notice
of
Lessee's
irrevocable
intent
to
exercise
such
option
and
Lessor
and
Lessee
shall
have
agreed
to
all
terms
and
conditions
of
such
purchase
prior
to
the
expiration
date
of
the
Lease
Term.
Until
the
Equipment
is
returned
as
required
below,
all
terms
of
the
Lease
shall
remain
in
full
force
and
effect
including
the
obligation
to pay Rent
calculated on a monthly basis
.
Muni Short Form Lease Pkg FMV (Taxable $500k over)
V202
402
20 16.
RETURN
OF
EQUIPMENT.
If
(a)
default
occurs,
(b)
a
non-appropriation
of
funds
occurs
as
provided
herein
,
or
(c)
Lessee
does
not
exercise
its
purchase
option
at
the
end
of
the
Lease
Term
,
Lessee
will
immediately
return
the
Equipment
to
any
location(s)
in
the
continental
United
States
and
aboard
any
carriers(s)
Lessor
may
designate.
The
Equipment
must
be
properly
packed
for
shipment
in
accordance
with
the
manufacturer
’
s
recommendations
or
specifications,
freight
prepaid
and
insured,
maintained
in
accordance
with
this
Lease
,
and
in
“
Average
Saleable
Condition.
”
“
Average
Saleable
Condition
”
means
that
all
of
the
Equipment
is
immediately
available
for
use
by
a
third-
party
buyer,
use
r
or
lessee,
other
than
Lessee
named
in
this
Lease
,
without
the
need
for
any
repair
or
refurbishment.
Lessee
will
pay
Lessor
for
any
missing
or
defective
parts
or
accessories.
Lessee
will
continue
to
pay
Rent
calculated
on
a
monthly
basis
until
the
Equipment is received and accepted by Lessor.
17. LESSEE
’
S
REPRESENTATIONS
AND
WARRANTIES.
Lessee
hereby
represent
s
and
warrant
s
to
Lessor
that
as
of
the
date
of
this
Lease,
and
throughout
the
Lease
Term:
(a)
Lessee
is
the
entity
indicated
in
this
Lease;
(b)
Lessee
is
a
state
or
a
fully
constituted
political
subdivision
or
agency
of
the
State
in
which
Lessee
is
located;
(c)
Lessee
is
duly
organized
and
existing
under
the
constitution
an
d
laws
of
the
state
in
which
they
are
located;
(d)
Lessee
is
authorized
to
enter
into
and
carry
out
Lessee
’
s
obligations
under
this
Lease,
any
documents
relative
to
the
acquisition
of
the
Equipment
and
any
other
documents
required
to
be
delivered
in
connection
with
this
Lease
(collectively,
the
“
Documents
”
);
(e)
the
Documents
have
been
duly
authorized,
executed
and
delivered
by
Lessee
in
accordance
with
all
applicable
laws,
rules,
ordinances,
and
regulations,
t
he
Documents
are
valid,
legal,
binding
agreements,
enforceable
in
accordance
with
their
terms
and
t
he
person(s)
signing
the
Documents
have
the
authority
to
do
so,
are
acting
with
the
full
authorization
of
Lessee
’
s
governing
body,
and
hold
the
offices
indicated
below
their
signature,
each
of
which
are
genuine;
(f)
the
Equipment
is
essential
to
the
immediate
performance
of
a
governmental
or
proprietary
function
by
Lessee
within
the
scope
of
Lessee
’
s
authority;
(g)
Lessee
intend
s
to
use
the
Equipment
for
the
entire
Lease
Term
for
such
function
and
shall
take
all
nec
essary
action
to
include
in
Lessee
’
s
annual
budget
any
funds
required
to
fulfill
Lessee
’
s
obligations
for
each
fiscal
year
during
the
Lease
Term;
(h)
Lessee
has
complied
fully
with
all
applicable
law
governing
open
meetings,
public
bidding
and
appropriations
required
in
connection
with
this
Lease
and
the
acquisition
of
the
Equipment;
(i)
Lessee
’
s
obligations
to
remit
Rent
under
this
Lease
constitutes
a
current
expense
and
not
a
deb
t
under
applicable
state
law
and
n
o
provision
of
this
Lease
constitutes
a
pledge
of
Lessee
’
s
tax
or
general
revenues,
and
any
provision
which
is
so
constructed
by
a
court
of
competent
jurisdiction
is
void
from
the
inception
of
this
lease;
and
(
j
)
all
financial
information
Lessee
has
provided
to
Lessor
is
true
and
accurate and provides a good representation of
Lessee
’
s
financial condition.
18. LESSEE
’
S
PROMISES.
In
addition
to
the
other
provisions
of
this
Lease,
Lessee
agrees
that
during
the
term
of
this
Lease
(a)
Lessee
will
promptly
notify
Lessor
in
writing
if
it
move
s
its
principal
office
or
change
s
its
name
or
legal
structure,
(b)
Lessee
will
provide
to
Lessor
such
financial
information
as
may
reasonably
request
from
time
to
time,
and
(c)
Lessee
will
take
any
action
Lessor
reasonably
requests
to
protect
Lessor
’
s rights in the Equipment and to meet
Lessee
’
s
obligations under this Lease.
19. ASSIGNMENT.
LESSEE
WILL
NOT
SELL,
TRANSFER,
ASSIGN,
PLEDGE,
SUB-LEASE
OR
PART
WITH
POSSESSION
OF
THE
EQUIPMENT
OR
FILE
OR
PERMIT
A
LIEN
TO
BE
FILED
AGAINST
THE
EQUIPMENT.
Lessee
will
not
attach
any
of
the
Equipment
to
any real estate.
20. ASSIGNMENT
BY
LESSOR
.
This
Lease,
and
the
rights
of
Lessor
hereunder
and
in
and
to
the
Equipment,
may
be
assigned
and
reassigned
in
whole
or
in
part
to
one
or
more
ass
ignees
by
Lessor
or
its
assign
s
at
any
time
without
the
necessity
of
obtaining
the
consent
of
Lessee
Upon
an
assignment,
Lessee
agrees
to
m
ake
all
payments
as
designated
in
the
assignment,
notwithstanding
any
claim,
defense,
setoff
or
counterclaim
whatsoever
(whether
arising
from
a
breach
of
this
Lease
or
otherwise)
that
Lessee
may
from
time
to
time
have
aga
inst Lessor or Lessor's assign
s.
21. COLLECTION
EXPENSES,
OVERDUE
PAYMENT.
Lessee
agree
s
that
Lessor
can,
but
do
es
not
have
to,
take
on
Lessee
’
s
behalf
any
action
which
Lessee
fail
s
to
take
as
required
by
this
Lease,
and
Lessor
’
s
expenses
will
be
in
addition
to
that
of
the
Rent
which
Lessee
owe
s
Lessor.
If
Lessor
receives
any
payment
from
Lessee
after
the
due
date,
Lessee
shall
pay
Lessor
on
demand
as
a
late
charge
5%
of
such
overdue amount, limited, however, to the maximum amount a llowed by law.
22. MISCELLANEOUS.
This
Lease
contains
the
entire
agreement
and
supersedes
any
conflicting
provision
of
any
equipment
purchase
order
or
any
other
agreement.
TIME
IS
OF
THE
ESSENCE
IN
THIS
LEASE.
If
a
court
finds
any
provision
of
Lease
to
be
unenforceable,
the
remaining
terms
of
this
Lease
shall
remain
in
effect.
THIS
LEASE
IS
A
“
FINANCE
LEASE
”
AS
DEFINED
IN
ARTICLE
2A
OF
THE
UNIFORM
COMMERCIAL
CODE.
Lessee
authorize
s
Lessor
(or
Lessor
’
s
agent)
to
(a)
obtain
credit
reports,
(b)
make
such
other
credit
inquires
as
Lessor
may
deem
necessary,
and
(c)
furnish
payment
history
information
to
credit
reporting
agencies.
To
the
extent
permitted
by law, Lessor may charge
Lessee
a fee of $250.00 to cover Lessor
’
s documentation and investigation costs.
23. NOTICES.
All
of
Lessee
’
s
written
notices
to
Lessor
must
be
sent
by
certified
mail
or
recognized
overnight
delivery
service,
postage
prepaid,
to
Lessor
at
Lessor
’
s
address
stated
in
this
Lease,
or
by
facsimile
transmission
to
Lessor
’
s
facsimile
telephone
number,
with
oral
confirmation
of
receipt.
All
of
Lessor
’
s
notices
to
Lessee
may
be
sent
first
class
mail,
postage
prepaid,
to
Lessee
’
s
address
stated
in
this
Lease.
At
any
time
after
this
Lease
is
signed,
Lessee
or
Lessor
may
change
an
address
or
facsimile
telephone
number
by
giving
notice
to
the other of the change.
24. ANTI-MONEY
LAU
N
DERING/INTERNATIONAL
TRADE
COMPLIANCE.
Lessee
represents,
warrants
and
covenants
to
Lessor,
as
of
the
date
of
this
Lease,
the
date
of
each
advance
of
proceeds
under
the
Lease,
the
date
of
any
renewal,
extension
or
modification
of
this
Lease,
and
at
all
times
until
this
Lease
has
been
terminated
and
all
amounts
thereunder
have
been
indefeasibly
paid
in
full,
that:
(a)
no
Covered
Entity
(i)
is
a
Sanctioned
Person;
(ii)
has
any
of
its
assets
in
a
Sanctioned
Jurisdiction
or
in
the
possession,
custody
or
control
of
a
Sanctioned
Person;
(iii)
does
business
in
or
with,
or
derives
any
of
its
operating
income
from
investments
in
or
transactions
with,
any
Sanctioned
Jurisdiction
or
Sanctioned
Person;
(b)
the
proceeds
of
this
Lease
will
not
be
used
to
fund
any
unlawful
activity;
(c)
the
funds
used
to
repay
the
Lease
are
not
derived
from
any
unlawful
activity;
(d)
each
Covered
Entity
is
in
compliance
with,
and
no
Covered
Entity
engages
in
any
dealings
or
transactions
prohibited
by,
any
laws
of
the
United
States,
including
but
not
limited
to
any
Anti-Terrorism
Laws;
and
(e)
no
Equipment
is
or
will
become
Embargoed
Property.
Lessee
covenants
and
agrees
that
(a)
it
shall
immediately
notify
Lessor
in
writing
upon
the
occurrence
of
a
Reportable
Compliance
Event;
and
(b)
if,
at
any
time,
any
Equipment
becomes
Embargoed
Property,
in
addition
to
all
other
rights
and
remedies
available
to
Lessor,
upon
request
by
Lessor,
Lessee
shall
provide
substitute
Equipment
acceptable
to Lessor that is not Embargoed Property.
As
used
herein:
“
Anti-Terrorism
Laws
”
means
any
laws
relating
to
terrorism,
trade
sanctions
programs
and
embargoes,
import/export
licensing,
money
laundering,
or
bribery,
all
as
amended,
supplemented
or
replaced
from
time
to
time;
“
Compliance
Authority
”
means
each
and
all
of
the
(a)
U.S.
Treasury
Department/Office
of
Foreign
Assets
Control,
(b)
U.S.
Treasury
Department/Financial
Crimes
Enforcement
Network,
(c)
U.S.
State
Department/Directorate
of
Defense
Trade
Controls,
(d)
U.S.
Commerce
Department/Bureau
of
Industry
and
Security,
(e)
U.S.
Internal
Revenue
Service,
(f)
U.S.
Justice
Department,
and
(g)
U.S.
Securities
and
Exchange
Commission;
“
Covered
Muni Short Form Lease Pkg FMV (Taxable $500k over)
V202
402
20 Entity
”
means
Lessee,
its
affiliates
and
subsidiaries,
all
other
obligors,
all
owners
of
the
foregoing,
and
all
brokers
or
other
agents
of
Lessee
acting
in
any
capacity
in
connection
with
this
Lease;
“
Embargoed
Property
”
means
any
property
(a)
in
which
a
Sanctioned
Person
holds
an
interest;
(b)
beneficially
owned,
directly
or
indirectly,
by
a
Sanctioned
Person;
(c)
that
is
due
to
or
from
a
Sanctioned
Person;
(d)
that
is
located
in
a
Sanctioned
Jurisdiction;
or
(e)
that
would
otherwise
cause
any
actual
or
possible
violation
by
Lessor
of
any
applicable
Anti-
Terrorism
Law
if
Lessor
were
to
obtain
an
encumbrance
on,
lien
on,
pledge
of
or
security
interest
in
such
property
or
provide
services
in
consideration
of
such
property;
“
Reportable
Compliance
Event
”
means
(1)
any
Covered
Entity
becomes
a
Sanctioned
Person,
or
is
indicted,
arraigned,
investigated
or
custodially
detained,
or
receives
an
inquiry
from
regulatory
or
law
enforcement
officials,
in
connection
with
any
Anti-Terrorism
Law
or
any
predicate
crime
to
any
Anti-Terrorism
Law,
or
self-discovers
facts
or
circumstances
implicating
any
aspect
of
its
operations
with
the
actual
or
possible
violation
of
any
Anti-Terrorism
Law;
(2)
any
Covered
Entity
engages
in
a
transaction
that
has
caused
or
may
cause
Lessor
to
be
in
violation
of
any
Anti-Terrorism
Laws,
including
a
Covered
Entity
’
s
use
of
any
proceeds
of
the
Lease
to
fund
any
operations
in,
finance
any
investments
or
activities
in,
or,
make
any
payments
to,
directly
or
indirectly,
a
Sanctioned
Jurisdiction
or
Sanctioned
Person;
or
(3)
any
Equipment
becomes
Embargoed
Property;
“
Sanctioned
Jurisdiction
”
means
a
country
subject
to
a
sanctions
program
maintained
by
any
Compliance
Authority;
and
“
Sanctioned
Person
”
means
any
individual
person,
group,
regime,
entity
or
thing
listed
or
otherwise
recognized
as
a
specially
designated,
prohibited,
sanctioned
or
debarred
person
or
entity,
or
subject
to
any
limitations
or
prohibitions
(including
but
not
limited
to
the
blocking
of
property
or
rejection
of
transactions),
under
any
order
or
directive
of
any
Compliance
Authority
or
otherwise
subject
to,
or
specially
designated
under,
any
sanctions
program
maintained
by
any
Compliance Authority.
25. USA
PATRIOT
ACT
NOTICE
.
To
help
the
government
fight
the
funding
of
terrorism
and
money
laundering
activities,
Federal
law
requires
all
financial
institutions
to
obtain,
verify
and
record
information
that
identifies
each
lessee
that
opens
an
account.
What
this
means:
when
the
Lessee
opens
an
account,
Lessor
will
ask
for
the
business
name,
business
address,
taxpayer
identifying
number
and
other
information
that
will
allow
the
Lessor
to
identify
Lessee,
such
as
organizational
documents.
For
some
businesses
and
organizations,
Lessor
may
also
need to ask for identifying information and documentation relating to certain individuals associated with the business or organization.
26. WAIVERS.
LESSOR
AND
LESSEE
EACH
AGREE
TO
WAIVE,
AND
TO
TAKE
ALL
REQUIRED
STEPS
TO
WAIVE,
ALL
RIGHTS
TO
A
JURY
TRIAL.
To
the
extent
Lessee
is
permitted
by
applicable
law,
Lessee
waive
s
all
rights
and
remedies
conferred
upon
a
lessee
by
Article
2A
(Sections
508-522)
of
the
Uniform
Commercial
Code.
To
the
extent
Lessee
is
permitted
by
applicable
law,
Lessee
waive
s
any
rights
they
now
or
later
may
have
under
any
statu
t
e
or
otherwise
which
requires
Lessor
to
sell
or
otherwise
use
any
Equipment
to
reduce
Lessor
’
s
damages,
which
requires
Lessor
to
provide
Lessee
with
notice
of
default,
intent
to
accelerate
amounts
becoming
due
or
acceleration
of
amounts
becoming
due,
intent
to
sale
the
Equipment
at
a
public
or
private
sale,
or
which
may
otherwise
limit
or
modify
any
of
Lessor
’
s
rights
or
remedies.
Lessor
will
not
be
liable
for
specific
performance
of
this
Lease
or
for
any
losses,
damages,
delay
or
failure
to
deliver Equipment.
27. IMPORTANT
INFORMATION
ABOUT
PHONE
CALLS.
By
providing
telephone
number(s)
to
Lessor,
now
or
at
any
later
time,
Lessee
authorizes
Lessor
and
its
affiliates
and
designees
to
contact
Lessee
regarding
Lessee
account(s)
with
Lessor
or
its
affiliates,
whether
such
accounts
are
Lessee
individual
accounts
or
business
accounts
for
which
Lessee
is
a
contact,
at
such
numbers
using
any
means,
including
but
not
limited
to
placing
calls
using
an
automated
dialing
system
to
cell,
VoIP
or
other
wireless
phone
number,
or
leaving
prerecorded
messages
or
sending
text
messages,
even
if
charges
may
be
incurred
for
the
calls
or
text
messages.
Lessee
consents
that
any
phone
call
with Lessor may be monitored or recorded by Lessor.
IMPORTANT:
READ
BEFORE
SIGNING.
THE
TERMS
OF
THIS
LEASE
SHOULD
BE
READ
CAREFULLY
BECAUSE
ONLY
THOSE
TERMS
IN
WRITING
ARE
ENFORCEABLE.
TERMS
OR
ORAL
PROMISES
WHICH
ARE
NOT
CONTAINED
IN
THIS
WRITTEN
AGREEMENT
MAY
NOT
BE
LEGALLY
ENFORCED.
THE
TERMS
OF
THIS
LEASE
MAY
ONLY
BE
CHANGED
BY
ANOTHER
WRITTEN
AGREEMENT
BETWEEN
LESSEE
AND
LESSOR.
LESSEE
AGREES
TO
COMPLY
WITH
THE
TERMS
AND
CONDITIONS
OF
THIS
LEASE.
LESSEE
AGREE
S
THAT
THE
EQUIPMENT
WILL
BE
USED
FOR
BUSINESS
PURPOSES
ONLY
AND
NOT
FOR
PERSONAL,
FAMILY OR HOUSEHOLD PURPOSES.
LESSEE
CERTIFIES
THAT
ALL
THE
INFORMATION
GIVEN
IN
THIS
LEASE
AND
LESSEE
’
S
APPLICATION
WAS
CORRECT
AND
COMPLETE
WHEN
THIS
LEASE
WAS
SIGNED.
THIS
LEASE
IS
NOT
BINDING
UPON
LESSOR
OR
EFFECTIVE
UNLESS
AND
UNTIL
LE
S
SOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
PNC Bank, National Association
(
“
Lessor
”
)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
City of Vallejo
(
“
Lessee
”
)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
655 Columbus Parkway
Vallejo
,
CA 94591
Muni Short Form Lease Pkg
FMV
(Taxable $500k over)
V202
402
20 OPINION OF COUNSEL
I
have
acted
as
counsel
to
:
City
of
Vallejo
(
“
Lessee
”
)
with
respect
to
this
Lease
Agreement
by
and
between
the
Lessee
and
Lessor
(the
“
Lease
”
),
and
in
this
capacity
have
reviewed
the
original
or
duplicate
originals
of
the
Lease
and
such
other
documents
as
I
have
deemed
relevant.
Based
upon
the
foregoing,
I
am
of
the
opinion
that:
(A
)
the
execution,
delivery
and
performance
of
the
Lease
by
Lessee
has
been
duly
authorized
by
all
necessary
action
on
the
part
of
Lessee;
(
B
)
the
Lease
constitutes
a
legal,
valid
and
binding
obligation
of
Lessee
enforceable
in
accordance
with
its
terms,
except
as
limited
by
laws
of
general
application
affecting
the
enforcement
of
creditors
’
rights,
and
does
not
constitute
a
debt
of
Lessee
which
is
prohibited
by
state
law;
(
C
)
the
authorization,
approval
and
execution
of
the
Lease
and
all
other
proceedings
of
Lessee
related
to
the
transactions
contemplated
thereby
have
been
performed
in
accordance
with
all
open-meeting
laws,
public
bidding
laws,
and
all
other applicable state laws. The undersigned certifies that (s)he is an attorney duly authorized to practice law in the State of California
.
The foregoing opinions are limited to the laws of such State and federal laws of the United States.
Attorney of Lessee
By:
Print Name:
Law firm:
SE
Insurance Letter (Lease)
V202
30727
April 4, 2024
City of Vallejo
Course Name:
Blue Rock Springs
655 Columbus Parkway
Vallejo
,
CA
94591
Attn:
RE:
Insurance Coverage Requirements for Equipment Financing Transaction between PNC Bank, National Association
and
City of Vallejo
Before
funding
your
transaction,
PNC
Bank,
National
Association
requires
evidence
of
appropriate
insurance
coverage
on
the
equipment
described
in
your
transaction
documents.
Please
forward
this
request
to
your
insurance
company,
agent
or
broker
as
soon
as
possible
and
ask for the evidence of insurance to be sent to the address below.
PNC Bank, National Association
will have an insurable interest in the following equipment:
Quantity
Description
Serial No.
130
(130) 2024 E-Z-GO RXV Elite
As
a
condition
to
entering
into
the
equipment
financing
transaction,
PNC
Bank,
National
Association
requires
the
following
at
all
times
during
the term of the transaction:
1. All of the equipment must be insured for its full insurable value on a 100% replacement cost basis .
2. PNC
Bank,
National
Association
must
be
named
as
lender
loss
payee
under
a
property
insurance
policy
insuring
all
risks
to
the
equipment, including fire, theft, and other customary coverage under an "extended coverage" endorsement.
3. For
leases
only,
PNC
Bank,
National
Association
must
receive
evidence
that
a
comprehensive
general
liability
insurance
policy
is
in
place
with
a
minimum
coverage
of
$1,000,000.
PNC
Bank,
National
Association
must
be
named
as
an
additional
insured
under
the
liability
policy.
4. Each
property
insurance
policy
must
contain
a
lender's
loss
payable
clause,
or
special
endorsement,
in
which
the
insurer
agrees
that
any
loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5. Each policy must provide for 30 days
’
written notice to PNCEF prior to any cancellation, non-renewal or amendment of the policy.
The
evidence
of
insurance
can
consist
of
a
Certificate
of
Insurance
form,
Evidence
of
Insurance
form,
Memorandum
of
Insurance,
binder
for
insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Bank, National Association
as follows:
PNC Bank, National Association
, and its successors and assigns, as lender loss payee
Attn: Insurance Department
65 5 Business Center Drive, Suite 250
Horsham, PA 19044
When completed, the evidence of insurance should be
emailed
to
:
[email protected]
Request for Insurance
PNC
Bank, National Association
65 5 Business Center Drive, Suite 250
·
Hor
s
h
am, PA 19044
Questions, call
: (
800) 559-2755
FAX
: (
888) 888-3695
05/2022
SE
Payment Schedule
Lease Number
98986049-4
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
20 24
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
20 25
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
20 26
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
20 27
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
20 28
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
20 29
$96,484.70
$0.00
$0.00
$0.00
$0.00
$0.00
Plus
applicable taxes. Payment on invoice could be different based on applicability of sales and use tax.
This Payment Schedule and its terms and conditions are hereby incorporated by reference into the Lease identified above.
Lessor:
PNC Bank, National Association
Lessee:
City of Vallejo
Signature:
X
PNC Signer Signature
Signature:
X
Customer 1 Signature
Print Name:
PNC Signer Full Name
Print Name:
Customer 1 Full Name
Title:
PNC Signer Title
Title:
Customer 1 Title
Date:
PNC Signer Date Signed
Date:
Customer 1 Date Signed
Payment Schedule
E24
05/22
SE Muni Resolution and Cert of Incumbency
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 98986049-4
Lessee:
City of Vallejo
Amount
:
$
964,847.00
(Payment x Term)
WHEREAS,
Lessee,
a
body
politic
and
corporate
duly
organized
and
existing
as
a
political
subdivision,
municipal
corporation
or
similar
public
entity
of
the
State
or
Commonwealth
(
“
State
”
)
is
authorized
by
the
laws
of
the
State
to
purchase,
acquire
and
lease
certain
equipment
and
other
property
for
the
benefit
of
the
Lessee
and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS,
pursuant
to
applicable
law,
the
governing
body
of
the
Lessee
(
“
Governing
Body
”
)
is
authorized
to
acquire,
dispose
of
and
encumber
real
and
personal
property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS,
the
Governing
Body
hereby
finds
and
determines
that
the
execution
of
one
or
more
Lease
Agreements
or
lease
schedules
(
“
Leases
”
)
in
the
amount
not
exceeding
the
amount
stated
above
for
the
purpose
of
acquiring
the
property
(
“
Equipment
”
)
to
be
described
in
the
Leases
is
appropriate
and
necessary
to
the
functions and operations of the Lessee.
WHEREAS, PNC
Bank, National Association
(
“
Lessor
”
) shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section
1. Either
one
of
the
_______________________
OR
_______________________
(each
an
“
Authorized
Representative
”
)
acting
on
behalf
of
the
Lessee,
is
hereby
authorized
to
negotiate,
enter
into,
execute,
and
deliver
one
or
more
Leases
in
substantially
the
form
set
forth
in
the
document
presently
before
the
Governing
Body,
which
document
is
available
for
public
inspection
at
the
office
of
the
Lessee.
Each
Authorized
Representative
acting
on
behalf
of
the
Lessee
is
hereby
authorized
to
negotiate,
enter
into,
execute,
and
deliver
such
other
documents
relating
to
the
Lease
as
the
Authorized
Representative
deems
necessary
and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section
2. By
a
written
instrument
signed
by
any
Authorized
Representative,
said
Authorized
Representative
may
designate
specifically
identified
officers
or
employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section
3. The
Lessee
’
s
obligations
under
the
Leases
shall
be
subject
to
annual
appropriation
or
renewal
by
the
Governing
Body
as
set
forth
in
each
Lease
and
the Lessee
’
s obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
NAMES
AND TITLE
S OF AUTHORIZED REPRESENTATIVES
: AUTHORIZED LEASE SIGNORS ONLY
_______________________________
Name
________________________________
Title
_______________________________
Name
________________________________
Title
ADOPTED AND APPROVED on this ________________, 20__.
Section
5. I,
the
undersigned
Secretary/Clerk
identified
below,
does
hereby
certify
that
I
am
the
duly
elected
or
appointed
and
acting
Secretary/Clerk
of
the
above
Lessee,
a
political
subdivision
duly
organized
and
existing
under
the
laws
of
the
State
where
Lessee
is
located,
that
I
have
the
title
stated
below,
and
that,
as
of
the
date hereof, the individuals named
above
are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The
undersigned
Secretary/Clerk
of
the
above-named
Lessee
hereby
certifies
and
attests
that
the
undersigned
has
access
to
the
official
records
of
the
Governing
Body
of
the
Lessee,
that
the
foregoing
resolutions
were
duly
adopted
by
said
Governing
Body
of
the
Lessee
at
a
meeting
of
said
Governing
Body
and
that
such
resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE:
City of Vallejo
________________________________________________________ Signature of Secretary/Clerk of
Lessee
Print Name:
_______________________________________________
Official Title:
______________________________________________
Date:
_______________________________________
________
_
PNC
Bank, National Association
65 5 Business Center Drive, Suit
e
250
·
Horsham, PA 19044
Questions?
Call
(800) 559-2755
11 /
30 /202
3 SE
Customer Information Form
Customer Information
L
ease #
98986049-4
Please provide the following information.
By providing such information, you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction.
Thank you.
Lessee Information
Full Business Legal Name:
City of Vallejo
Federal Tax ID Number
:
946000448
Preferred Method of Payment:
Is a Purchase Order required on Invoices?
☐
YES
☐
NO PO #______________________________
Please enter your preferred method
(Mail/Email)
:
Customer 1 Pay
·
Mail -
If you would like to receive your Monthly Invoice by Mail, please provide this information:
Invoices should be directed to:
Customer 1
I
nfo
Pay
Attention:
Customer 1 Info Pay
Address:
Customer 1 Info Pay
City:
Customer 1 Info Pay
State:
Customer
1 Info Pay
Zip:
Customer 1
Info Pay
·
Email -
If you would like to receive your Monthly Invoice by Email, please provide this information:
Contact Name:
Customer 1 Info Pay
Email:
Customer 1 Info Pay
Contact Information
In
order
to
verify
receipt
of
equipment
and
review
terms
and
conditions
of
the
lease
,
please
provide
contact
information
for
one
or more staff that can assist in this process.
Contact 1:
Contact 1 info
Phone:
Contact 1 info
Email:
Contact 1 info
Contact 2:
Contact 2 info
Phone:
Contact 2 info
Email:
Contact 2 info
Signature
X
Customer 1 Signature
Date
Customer 1 Date Signed
I hereby attest the above information is accurate.
Email
:
Customer 1 Email
PLEASE COMPLETE AND SIGN FORM
7 /1
9 SE
Tax
Notification
PNC
Bank,
National
Association
(
“
PNC
”
),
is
required
to
collect
and
remit
sales/use
tax
in
the
taxing
jurisdiction
where
your
equipment
will
be
located.
If
you
select
that
you
are
exempt
by
marking
one
of
the
checkboxes
below,
you
must
provide
a
valid
exemption
certificate.
If
you
do
not
provide
this
certificate
prior
to
the
booking
of
your
transaction,
you
will
be
responsible
for
sales tax on all accrued payments.
If
tax
has
been
remitted
up
front
and
financed
into
your
lease
payment,
your
account
will
not
be
marked
sales
tax
exempt if you provide an exemption certificate after your transaction has been booked.
If
your
tax
is
remitted
on
a
monthly
basis,
your
lease
may
be
marked
sales
tax
exempt
for
the
remaining
payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked.
In
the
event
we
do
not
receive
a
valid
sales
tax
exemption
certificate
prior
to
the
date
your
lease
commences,
you
will be charged sales/use tax.
Personal
property
tax
returns
will
be
filed
as
required
by
local
law.
In
the
event
that
any
tax
abatements
or
special
exemptions
are
available
on
the
equipment
you
will
be
leasing
from
us,
please
notify
us
as
soon
as
possible
and
forward
the
related
documentation to us. This will ensure that your leased equipment will be reported correctly.
Please indicate below if your lease is subject to tax or whether a valid exemption exists.
Sales Tax
¨
I agree that my lease is subject to sales/use tax.
¨
I am exempt from sales/use tax
and I have attached a completed exemption certificate to PNC. ¨
I
am
claiming
a
partial
exemption
from
tax.
I
have
attached
a
completed
exemption
certificate
or
other
documented
proof
of
this partial exemption.
¨
I
agree
that
my
business
is
subject
to
sales/use
tax
and
I
have
attached
a
completed
resale
certificate
.
This
certificate
indicates
that
I
will
be
responsible
for
collection
and
remittance
of
sales/use
tax
based
on
the
subsequent
re-rental
of
the
property.
If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? ¨
Inside city limits
¨
Outside city limits
¨
Unincorporated area
Property Tax
¨
I have a valid abatement or property tax exemption (documentation attached). ¨
Location:
State
Taxing District
Additional comments
:
Lease Number
98986049-4
Lessee:
City of Vallejo
Signature
:
X
Print Name:
Title
:
Date
:
Notification of Tax Treatment
1 of
1 SE Return Rider (SME
–
MLA)
V20
220501
Return
Rider
(Cars and Turf)
This
Rider
is
executed
and
delivered
by
the
undersigned
Lessor
and
the
undersigned
Lessee
regarding
the
Customer
No
98986049
(
“
Agreement
”
)
.
Pursuant
to
the
Agreement,
Lessee
may
return
all,
but
not
less
than
all,
of
the
Equipment
at
the
expiration
of
the
lease
term
with
respect
thereto,
at
Lessee
’
s
expense
to
such
location
as
Lessor
may
designate,
in
the
condition
required
pursuant
to
the
Agreement
and
any
applicable
Rider.
If,
in
the
opinion
of
Lessor
,
any
item
of
the
Equipment
fails
to
meet
the
standards
set
forth
in
the
Agreement,
any
applicable
Rider,
Lessee
agrees
to
pay
on
demand
all
costs
and
expenses
incurred
in
connection
with
repairing
the
Equipment and restoring it to such condition, including its assembly and delivery.
Until
Lessee
has
fully
complied
with
the
notice
and
purchase
requirements
set
forth
herein,
Lessee
’
s
Rent
payment
obligation
and
all
other
obligations
under
the
Agreement
shall
continue
from
month
to
month
notwithstanding
the
expiration
or
termination
of
the
term
of
the Agreement
.
Lessor
may terminate Lessee
’
s right to use th
e Equipment upon ten
days
’
notice to Lessee.
In
addition
to
the
requirements
of
the
Agreement
relating
to
the
condition
of
the
Equipment
upon
return
thereof
by
the
Lessee
to
Lessor
, the following return conditions shall apply to
the Equipment
:
(a)
all
safety
equipment
must
be
in
place
and
meet
applicable
federal,
state
and
other
governmental
standards;
(b)
all
covers
and
guards
must
be
in
place
with
no
sheet
metal,
plastic
or
cowling
damage;
(c)
all
parts,
pieces,
components
and
optional
equipment
must
be
present,
installed
and
operational;
(d)
all
accessories
shall
be
returned
in
proper
order;
(e)
all
electronic
controls
shall
operate
per
manufacturer
’
s
specifications
and
controls
which
bypass
normal
operations
shall
be
repaired
at
Lessee
’
s
expense;
(f)
all
electrical
systems
shall
be
able
to
provide
electrical
output
as
specified
by
the
manufacturer;
(g)
all
Equipment
must
have
a
relatively
clean
appearance;
(h)
all
Equipment
shall
be
free
from
excessive
wear
necessitating
major
component
repair
or
replacement
caused
by
lack
of
recommended
maintenance
as
detailed
in
customer
operation/maintenance
manuals;
(i)
all
Equipment
shall
be
free
from
structural
damage
or
bent
frames;
(j)
any
usage
or
metering
devices
must
not
have
been
altered
in
any
way;
and
(k)
all
Equipment
attachments,
if
any,
must
be
in
good
operating
condition;:
(l)
all
motors
shall
operate
smoothly
without
overheating
and
shall
have
good
bearings
and
bushings;
(m)
all
batteries
shall
be
in
good,
safe
operating
condition
with
no
dead
cells
or
cracked
cases
and
all
batteries
shall
hold
a
charge
and
provide
adequate
power
to
operate
the
Equipment;
(n)
all
Equipment
shall
have
serviceable
tires,
with
50%
remaining
tread,
retaining
proper
air
pressure,
and
without
repair
patches;
(o)
all
oil
and
grease
seals
must
contain
lubrication
in
the
manufacturers
designed
reservoir;
and
(p)
all
hydraulic
cylinders
must
not
be
bent,
nicked,
gouged
or
leaking.
In
addition,
each
item
of
Equipment
regardless
of
type
must
be
able
to
complete
the
following
tests:
(q)
have
all
functions
and
controls
work
in
normal
manner;
and
(r)
perform
its
designed
functions
in
a
satisfactory
manner.
In
addition
,
if
this
Agreement
involves
the
leasing
of
Turf
Equipment
,
such
Equipment
must
be
able
to
complete
the
following
tests:
(s)
operate
normally
in
forward
and
reverse
directions
through
all
its
speed
ranges
or
gears;
(t)
steer
normally
right
and
left
in
both
forward
and
reverse;
(u)
be
able
to
stop
with
its
service
brakes
in
a
safe
distance
in
both
forward
and
reverse;
(v)
operate
without
leaking
any
fluids;
and
(w)
all
cutting
units
(if
applicable)
must
be
able
to
lower,
turn
on,
run,
raise and shut off as they are designed to do.
If
any
item
of
Equipment
is
damaged
o
r
does
not
meet
the
standards
set
forth
above
for
the
return
con
dition
of
such
Equipment
or
if
the
Lessee
fails
to
discharge
Lessee
’
s
obligations
set
forth
above
with
regard
to
any
item
of
Equipment,
Lessee
shall
pay
to
Lessor
,
immediately upon demand, the
Stipulated Loss Value
of such item of Equipment.
PNC
Bank, National Association
(
“
Lessor
”
)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
City of Vallejo
(
“
Lessee
”
)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
655 Columbus Parkway
Vallejo
,
CA
94591
E04
AMENDMENT TO LEASE AGREEMENT
This Amendment (“Amendment”), dated and effective as of June 18, 2024, is to that certain Lease Agreement Number 98986049-4 dated April 4, 2024 (the “Lease”) between City of Vallejo with its principal place of business at 3655 Columbus Parkway , Vallejo, CA 94591 (“Lessee”), and PNC Bank, National Association, with an address at 655 Business Center Drive, Suite 250 Horsham, PA 19044 (“Lessor”).
In consideration of the mutual covenants contained herein and other valuable consideration received, and with the intent to be legally bound, the parties amend the Lease as follows:
10. IDENTIFICATION. Section 10 is here by amended to read as follows: “Upon Lessee consent, Lessee authorizes Lessor to insert or correct missing information on this Lease, including serial numbers and any other information describing the Equipment.”
16. RETURN OF EQUIPMENT. The third sentence of Section 16 is hereby amended to read as follows:
““Average Saleable Condition” means that all of the Equipment is immediately available for use by a third- party buyer, user or lessee, other than Lessee named in this Lease, without the need for any repair or refurbishment, except for ordinary wear and tear.”
All other terms and conditions of the Lease shall remain unchanged and i n full force and effect. Any defined terms used herein shall have the meanings contained in the Lease.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date above written.
CITY OF VALLEJO PNC BANK, NATIONAL ASSOCIATION
Authorized Signature Authorized Signature
Printed Name Printed Name
Title Title
SECOND AMENDMENT TO THE GOLF COURSE MANAGEMENT AGREEMENT
BETWEEN THE CITY OF VALLEJO
AND TOUCHSTONE GOLF, LLC
THIS SECOND AMENDMENT TO THE GOLF COURSE MANAGEMENT
AGREEMENT made and entered into on January 1, 2018, hereinafter referred to as “Agreement,” between the City of Vallejo, a municipal corporation, therein referred to as “CITY,” and Touchstone Golf, LLC, a Delaware limited liability company, therein referred to as "OPERATOR," is made and entered into on this 6th day of August 2024.
WHEREAS, OPERATOR operates and manages the City-owned golf course and clubhouse facilities at Blue Rock Springs East and West Golf Course and Driving Range; and WHEREAS, on December 31, 2021, the parties entered into a First Amendment to the Agreement to extend the term through December 31, 2025, and to make other minor modifications.
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein set forth, the parties agree as follows:
1. Replacement of Paragraph 4.01.3
Paragraph 4.01.3 of the Agreement shall be replaced in its entirety to read as follows:
“4.01.3 Golf Carts. CITY shall procure power-driven golf carts sufficient to meet public demand as set forth in the Golf Course Manual. OPERATOR shall advise and assist the CITY in the CITY’s procurement of any replacement golf carts. OPERATOR shall at all times maintain in good condition golf carts on the CITY’s behalf. The City Manager shall have the right, in City Manager's sole and absolute discretion, to require a change in the number or types of golf carts in use at the Golf Course; provided, however, that the CITY shall increase or decrease the applicable Direct Cost Budget(s) reasonably to account for resulting increased or decreased Direct Costs. All carts shall be four-wheel, electric vehicles, and shall be equipped as determined by the CITY after considering any recommendation of OPERATOR. OPERATOR may prohibit the use of golf carts on the Golf Course whenever weather conditions expose the user to danger or the Golf Course to damage. OPERATOR shall employ or contract for an on-site mechanic who is able to repair and maintain golf carts.”
2. No Further Modification. Except as modified by the terms of this Amendment, all terms and conditions of the Agreement shall remain unmodified and in full force and effect.
3. Counterparts. This and Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. Counterparts executed and exchanged by email or facsimile transmission shall be fully enforceable.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date set forth above.
CITY OF VALLEJO, CALIFORNIA
By:
Name:
Its: ___________________________
TOUCHSTONE GOLF, LLC
a Delaware limited liability company
By:
Steve Harker
Chief Executive Officer
DocuSign Envelope ID: 716EEC5C-09DE-4422-8086-42EB264881 E9 Dec 14, 2021 2:28 PM, 901952570 Contract and Routing Form
City 01
VALLEJODate Originated: 0,11 líc )rn 1,1
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: City Manager's Office, Economic Development Division Staff Contact: Emi Theriault, [email protected] Contract Type: Amendment
Vendor: Touchstone Golf, LLC
NOTE: The amendment runs through Dec 2025 as written
in the amendment doc itself.
Contract Not to Exceed Amount: 0.00
Contract Start Date : Dec 31, 2021 End Date: Dec 31, 2022 Option to Extend: Two years
Authority to Contract: City Council Date to Council: Dec 07, 2021 Other Comments:
This amendment is primarily to term. No increase in the not to exceed budget previously approved.
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Original Agreement with any Amendments
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: 716EEC5O09DE-4422-BDB6-42EB264881 E9 Co_otract and Routing Form
Signature Page
Department Initial Date Comment
12/ 20/ 2021
Originating Department/Division
Ga
12/ 28/ 2021- DS
Risk Manager às
- DS
Finance Department àf
City Attorney's Office I.FIN
- DS
City Manager's Office kAL
- OS
City Clerk üg
12/ 28/ 2021
12/ 30/ 2021
12/ 30/ 2021
12/ 30/ 2021
Return executed contract to: Emi Theriault
DocuSign Envelope ID: 716EEC5O09DE-4422-BDB6-42EB264881 E9
FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
TOUCHSTONE GOLF, LLC
THIS AGREEMENT dated fëAk. 3 \ , 2021 is entered into effective January 1, 2022, by and between the City of Vallejo, California ("CITY") and Touchstone Golf, LLC, a Delaware limited liability company ("OPERATOR").
WHEREAS, CITY and OPERATOR previously entered into a Golf Course Management Agreement dated January 1, 2018, relating to the operation and management of the golf course and clubhouse facilities at Blue Rock Springs East and West Golf Course and Driving Range (the "Agreement"); and
WHEREAS, the parties desire to amend the Management Agreement as provided in this Agreement .
NOW THEREFORE , in consideration of the premises and the mutual covenants and agreements herein set forth, the parties agree as follows:
TERMS OF AMENDMENT
1. Extension of Term Pursuant to Section 2.01
The Term of the Agreement pursuant to Section 2.01, which previously was extended to December 31, 2021, is hereby extended for an additional Four (4) year period through December 31, 2025.
Additional Extensions: The term of this agreement will be extended for two (2) years unless either party gives written notice of non-renewal to the other party at least ninety (90) days prior to the end of the preceding term.
2. Modification to OPERATOR Signatories Pursuant to Section 9.01, The Financial and Accounting Procedures terms pursuant to Section 9.01 are modified to update the titles of OPERATOR signatories to those currently in place with modified language as follows:
9.01 Bank Account. CITY will establish and maintain a bank account in CITY'S name...All checks will require the signatures of any two of the following four persons: (1) the Chief Executive Officer, (2) President; (3) Executive Vice President; or (4) Vice President, Controller of OPERATOR...
3. Expansion of Procedures related to Workinsz Capital Pursuant to Section 9.05.
The Working Capital terms Pursuant to Section 9.05 are updated with the addition of the following language:
9.05 Working Capital. Upon execution o f this Management Agreement, ...If the CITY determines that there is or will be surplus working capital in the Bank Account at any time, the CITY may debit the Bank Account of all or any portion of the surplus.
4. Ng-Eurther-Modification.
DocuSign Envelope ID 716EEC5C-09DE-4422-BDB6-42EB264881E9 Except as modified by the terms of this Amendment. all terms and conditions of the Agreement shall remain unmodified and in full force and effect.
5. Counterparts.
This First Amendment may be executed in one or more counterparts. each of which shall bedeemed an original. but all of which shall constitute one and the same document. Counterpartsexecuted and exchanged by email or facsimile transmission shall be fully enforceable.
IN WITNESS WHEREOF, the parties have executed this Assignment and Amendment as of the date set forth above.
TOUCHSTONE GOLF. LLC
a Delaware limited liability company
CITY OF VALLEJO, CALIFORNIA
r-- Docusigned by
By: Altáud Auí £
- 1 /' 458' 33444. 0
Steve I larker Mike Malone
Chief Executive Officer hiterim City Manager
-- Docu,gned by
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Dawn Abrahamson
('it> ('krk
Approved as to Form
-- DocuSIgned by
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- L -E45516CE)92Ed'h
Veronica A.F. Nebb
Cit>' Attorney
Approved as to Content
-- DocuSigned by
[1>·: I faul tzt(íul741ÙreRÓïley
Special Advisor to City Manager.
licoiìomie Development
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DocuSign Envelope ID: 716EEC5C-09DE-4422-BDB6-42EB264881E9 - 1 ® DATE (MWOD/YYYO
ACC ) RD < CERTIFICATE OF LIABILITY INSURANCE 12/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BEIWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder Is an ADDmONAL INSURED, the policyoes) must have ADDmONAL INSURED provisions or be endorsed.1 f SUBROGATIONISWAIVED, sublecttothoterms and conditions of the polIcy, certain pollcres may requlre an endorsement A statement onthis certificate does not confer rights to the certificate holder In lieu of such endorsement(sh
PRODUCER
BXS Insurance
3355 West Alabama Suite 850
Houston TX 77098
INSURED
Touchstone Golf LLC
11612 Bee Caves Road Suite 150
Lake Pointe Building 11
Austin TX 78738
CONTACTNAME: Evelyn Richards
PHONE
fA/C. Ne, Exth 713- 622 -2330
E-MAIL
ADDRESS: [email protected]
INSURERCS)AFFORDINGCOVERAGE
INSURERA: Axis Insurance Company
TOUCGOL-01 INSURERS: RSUI Indemnity Company
INSURER C : Everest National Insurance Company
INSURERD: Zenith Insurance Company
INSURER E :
INSURER F .
Më . Nm: 713 -622 -2053
NA] C #
37273
22314
10120
13269
COVERAGES CERTIFICATE NUMBER:581797464 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDmON oF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONSAND CONDmONS OF SUCH POLICIES. LIMrrS SHOWN MAY HAVE BEEN REDUCED BY MID CLAIMS. iNSR ADDL SUBR POUCY EFF POWCY EXP
LTR TYPE OF INSURANCE 1NS D WVO POUCYNUMBER (WWOONVVY) ruM/ODrrrYVI U}trrs C X COMMERCIALGENERAL LIABILITY CC6GL00011211 5/1/2021 5/1/2022 EACH OCCURRENCE $ 1.000,000 DAMAGE 10 HtNitü
-- CLNUS-MALJE | | OCCUR PREMISES (Ea occurrenceì $ 1.000.000 MED EXP (Anyone person) $ 10.000
PERSONAL& ADV INJURY S 1.000.000
GEN'L AGGREGATE UMIT APPUES PER. GENERAL AGGREGATE $ 2.000.000 I POUCY [32 & 1. ïlloc PRODUCTS - COMMOPAGG S 2,000,000 Uquti Lfbøty $1.000.000X I OTHER: 1- lor Lab«y COMBINED SINGLE LIMITC AUTONOBILELLABILITY CC6CA00012211 5/1/2021 511/2022 {En acddinlì $ 1.000,000 7 ANY AUTO BOD:LY INJURY (Per pe-} S
- 1 OWNED BODILY INJURY (Per acddent) S
-- 1 AUTOS Ola.Y li
Ï&? gULED
X NON-OWNED PROPERTY DAMAGE S
_| ONLY _ AUTOSONLY (Ber *©Cident,
B UnRELLAUAB X OCCUR NHA093951 5/1/2021 6/1/2022 EACH OCCURRENCE $ 5,000,000 X EXCESS UAB CLAIMS·MADE -AGGREGATE S 5,000.000
DED | X | RETENTIONS n S
PER I loni·o WORKERS COMPENSATION M1292101 1/1/2021 1/1/2022 X STATUTE I 1 ERANDEMPLOYERS: UABUITY ¥; N ANYPROPRJETORmARTNERÆXECUTIVE El . EACH ACCIDENT $ 1.000.000 OFFICER/UEUBEREXCLUDED? NjA
1 Mandatory Irt NH) E.L. DISEASE - EAEMPLOYEE $ 1,000,000 tf yes. descrte w,defDESCRIPTION OF OPERATIONS below
El . DISEASE -POLICY UMIT $ 1.000,000
C Golf= d T-]s Eao CC6GL00038201 5/1/2021 5/1/2022 Exh occurocco 5 1.000,000 A Employment Pfact,ca P00100016923502 4/1/2021 5/1/2022 Each Clam Sl.000,000 DESCRÍPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101. Additional Remark, êchedule, mn, bo atiachidltmor, ipace !* quir,d] .
.
See Attached... 6--
CERTIFICATE HOLDER CANCELLATION
City of VallejoAttn: Will Morat555 Santa Clara Street, 3rd FloorVallejo CA 94590 1 - - Il -
SHOULD ANY OF THE ABOVE DESCRIBED POUC1ES BE CANCEUED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
11 Q 9.c.L:JIL-
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACC)RD name and logo are registered marks of ACORD DocuSign Envelope ID: 716EECSC-05}DE-4422-BDBÔ-42EB264881E9 AGENCY CUSTOMER ID: TOUCGOL-01
LOC #:
ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY
BXS Insurance
POLICY NUMBER
NAMED INSURED
Touchstone Golf LLC11612 Bee Caves Road Suite 150Lake Pointe Building 11 Austin TX 78738
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM rn-LE: CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE HOLDER IS GRANTED ADDmONAL INSURED AND PRIMARY NON-CONTRIBUTORY STATUS ON THE FOLLOWING POUCIES:
General liability policy indudes a blanket additional Insured endorsement when required by written contract but in no event shall such coverage exceed the limits, terms and conditions of the policy. Primary & Non-Contributory wording Is induded when required by written contract, but only with respect to coverage providedby this policies.
Auto liabìlity policy indudes a blanket additional insured endorsement when required by written contract but only with respect to legal responsibmty for acts or omissions of a person forwhom liability coverage is afforded underthis policy but in no event shall such coverage exceed the limits, terms or conditions of the policies.
CERnFICATE HOLDER IS GRANTED WAIVER OF SUBROGATION STATUS ON THE FOLLOWING POLICIES:
General Liability, Auto Uability and Workers Compensation policies Include a blanket waiver of subrogation endorsement when required by written contract but in no event shail such coverage exceed the limits, terms or conditions of the policies.
THE EXCESS LIABILITY POUCY FOLLOWS FORM OF UNDERLYING POUCtES.
Att coverages shown are subject to the Terms, Conditions and Exclusions of the policies.Re: Blue Rock Springs Municipal Golf Course: Val!40 Golf Club Inc -AERD 10172008101) - © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 716EECC-09DE-4422-BDB6-42EB264881 E9 1 g
DATE (MWOOmm
ACORD EVIDENCE OF PROPERTY INSURANCE 12/9/2021
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THEADDmONAL INTEREST NAMED BELOW. THS EVIDENCË DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST· AGENCY PHONE COMPANY*Am, No, Emi:713- 622 -2330 Westchester Surplus Lines Ins.BXS Insurance 436 Walnut Street3355 West Alabama Suite 850 Houston, TX 77098 Philadelphia, PA 19106
1 E-MAIL
ë, Noi; 713 -622-2053 1 ADDRESS:evelyn [email protected] CODE: | SUB CODE :
2%*%ERIDI:TC)UCGOL-01
INSURED LOAN NUMBER POUCY NUMBER
Touchstone Gotf, LLC D42304785002dba Blue Rock Springs GC 11612 Bee Caves Road, Suite 150 EFFECTIVE DATE EXPIRATION DATE Austin, TX 78738 CONTINUED UNTIL
05/01/2021 05/01/2022 - TERMINATED IF CHECKED
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCAnONDESCRIPTION
651 Columbus Parkway, Vallejo CA 94591
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOrwn-HSTANDÎNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THISEVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUC]ES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS, ËXCLUSIONS AND CONDITIONS OF SUCH POLICtES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
COVERAGE INFORMATION
COVERAGE, PERÎLS, FORMS
Golf Carts
Special Form (Including Then)
AMOUNT OF INSURANCE DEDUCTIBLE
324,000 10,000
REMARKS (Including Special Conditions)
Re: Blue Rock Springs Municipal Golf Course: Vallrjo Golf Club Inc
CANCELLATION -
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCEW1TH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAMEANDADDRESS MORTGAGEE ADDITIONAL INSURED
-
LOSS PAYEË
LOAN I
City of ValleloAttn: Wit Morat
555 Santa Clara Street, 3rd Floor AUTHORZED REPRESENTATÎVE Vallejo, CA 94590
IJ Q St\=6
-
ACORD 27 (2009/12) ©1993-2009 ACORD CORPORATION. Al[ rights reserved The ACORD name and logo are registered marks of ACORD
. .2. - ...&....
1 -1
1 Golf Course Management Agreement between
The City of Vallejo and Touchstone Golf, LLC.
This Golf Course Management Agreement ("Agreement") between the City of Vallejo and Touchstone Golf, LLC is entered into this 1 st day of January 2018, by and between the City of Vallejo (hereinafter referred to as "CITY"), a municipal corporation, and Touchstone Golf, LLC, a Delaware corporation, (hereinafter referred to as "OPERATOR").
RECITALS
A. WHEREAS, the CITY owns and is responsible for the development and operation of a public golf course, known as the Blue Rock Springs East and West Golf Course and Driving Range, located in the City of Vallejo, California, consisting of two 18-hole golf courses, a driving range, a retail pro -shop, a cafe, a cart barn and maintenance facility described in Exhibit A (collectively, the "Golf Course"); and
B. WHEREAS, the CITY desires to provide for the overall management and operations of the Golf Course, improvements to existing facilities, collection of fees and other related golf services to ensure the highest quality of golf programs for the public; and C. WHEREAS, the CITY wishes to contract with the OPERATOR for the overall maintenance and operation of the Golf Course; and
D. WHEREAS, the CITY and OPERATOR agree that the primary objectives for OPERATOR'S performance under this Agreement are to maximize (1) the public use of the Golf Course, and (2) the revenues to be received by CITY as a result thereof; and E. WHEREAS, the purpose of this Agreement is to retain the OPERATOR to provide the CITY with those services mutually agreed upon by the OPERATOR and the CITY.
NOW, THEREFORE, in consideration for the mutual promises hereinafter set forth, the parties hereto agree to as follows:
1.1 DEFINITIONS.
The following initially capitalized terms shall be defined as follows for the purposes of this Agreement:
1.01 Affiliate. "Affiliate" is any and all corporations, partnerships, trusts and other entities directly or indirectly controlled by, controlling or subject to direct or indirect common control of an entity or person.
2 1.02 Annual Plan. "Annual Plan" is defined in Section 3.06.2 and 3.06.3.
1.03 Bank Account. "Bank Account" is defined in Section 9.01.
1.04 Capital Budget . "Capital Budget" is a budget submitted by the OPERATOR with the Annual Plan to set forth anticipated Capital Expenditures for that year as required by Section 6.04.
1.05 Capital Expenditures . "Capital Expenditures" are any equipment or alteration, addition, improvement, repair, replacement, rebuilding or renovation to the Golf Course, the cost of which exceeds Seven Thousand Five Hundred Dollars ($7,500.00), or whatever amount may be established in the future, and which has a useful life of more than one (1) year.
1.06 Cart Barn. "Cart Barn" is the seven golf cart storage buildings comprising approximately 18,600 square feet to be used for storage of golf carts and related activities.
1.07 City. "City" is the City of Vallejo, owner of the Golf Course.
1.08 City Manager. "City Manager" is the person holding the position of the City Manager of the City of Vallejo, or his or her designee.
1.09 Clubhouse. "Clubhouse" is the clubhouse building that is a part of the Golf Course.
1.10 Compensation. "Compensation" is the direct sal aries and wages paid to or accruing for the benefit of the management staff and all other persons employed by OPERATOR at the Golf Course, together with all fringe benefits payable to or accruing for the benefit of such employees, including employer's cont ribution under the Federal Insurance Contributions Act ("FICA"), unemployment compensation, or other employment taxes, pension fund contributions, worker's compensation, group life and accident and health insurance premiums, retirement, disability and other similar benefits.
1.11 Contract Transition Period. "Contract Transition Period" is defined in Section 14.01.
1.12 Corrective Action Item. "Corrective Action Item" is defined in Section 4.07.8.
1.13 Cost of Goods Sold . "Cost of Goods Sold" is defined as b eginning Resale Inventory plus purchases for Resale Inventory minus ending Resale Inventory.
1.14 Course Maintenance Plan. "Course Maintenance Plan" is defined in Section 3.06.3.d.
1.15 Crew. "Crew" is the Golf Course maintenance staff employed by OPERATOR.
1.16 Direct Cost Budget. "Direct Cost Budget" is defined in Section 8.01.2.
1.17 Direct Costs. "Direct Costs'* is defined in Section 8.01.1. 3 1.18 Effective Date. "Effective Date" is defined in Section 2.01.
1.19 Environmental Laws. "Environmental Laws" are defined in Section 5.13.1.
1.20 Facilities. "Facilities" are the buildings, structures, Improvements, irrigation and controls, cart paths, fencing, fixtures, trade fixtures, Furnishings and Equipment, Food Service Facilities, parking lots, and utility systems located on the Premises.
1.21 Food and Beverage Concessionaire . Shall mean the OPERATOR or any subcontractor selected by the OPERATOR and approved by the City in its sole and absolute discretion to operate the food and beverage concession on, at, or from the Premises, subject to the terms and conditions therein. This term also includes the agents, employees, or assignees of said Food and Beverage Concessionaire.
1.22 Food Service Manager. "Food Service Manager" is defined in Section 4.05.2.
1.23 Food Service Facilities. "Food Service Facilities" is defined in Section 4.05.
1.24 Force Majeure. "Force Majeure" is defined in Section 15.04.
1.25 Furnishings and Equipment . "Furnishing and Equipment" are all furniture, furnishings, trade fixtures, apparatus and equipment, including without limitation, course maintenance vehicles and equipment, golf carts, driving range pickers and pullers, mats, range ball baskets, cash registers, rental golf clubs and bags, ball washers, benches, uniforms, kitchen equipment, appliances, china, glassware, silverware, office equipment, computers, copy machines, facsimile machines, telephone systems (not including pay telephones), and other personal property used in or held in storage for use in the operation of the Golf Course, other than Resale Inventory.
1.26 GCSAA. "GCSAA" is the Golf Course Superintendents Association of America.
1.27 General Manager. "General Manager" is an employee of OPERATOR who oversees the operations of the entire Golf Course.
1.28 Golf Course. "Golf Course" or "Premises" or "Course" is the municipal golf course owned by the CITY, now named Blue Rock Springs Golf Course, including but not limited to the land and Facilities, including Food Service Facilities, all revenues of which are paid into , and all expenses are paid from, City funds administered by OPERATOR pursuant to this Agreement.
1.29 Golf Course Expenses. "Golf Course Expenses" are all costs and expenses incurred in the operation, management, and maintenance of the Golf Course, includ ing: (a) all expenditures incurred by CITY for the benefit of the Golf Course; (b) all expenses specifically identified as "Direct Costs" in this Agreement; and (c) all other expenses incurred by OPERATOR in connection with the Golf Course or this Agreemen t, which expenses were not reasonably 4 anticipated by the parties or otherwise provided in this Agreement and which are consistent with the operation of a golf course.
1.30 Golf Course Manual. "Golf Course Manual" is the manual for the operation and maintenance of the Golf Course attached hereto as Exhibit B . as it may be revised during the term of this Agreement in the sole and absolute discretion of the City Manager, provided, however, that if any such revision results in an increase in Direct Costs, CITY shall increase the applicable Direct Cost Budget(s) reasonably to account for such increased Direct Costs.
1.31 Golf Professional. "Golf Professional" is an employee of OPERATOR who is a Class "A" PGA or LPGA golf professional and supervises the golf opera tions at the Golf Course under the direction of the General Manager.
1.32 Gross Revenues. "Gross Revenues" are all money received as a result of the operation of the Golf Course and the sale of goods and services at the Golf Course, determined on an accrual basis in accordance with generally accepted accounting principles consistently applied. Gross Revenues shall include, but are not limited to, all green fees; annual fees; rental fees for golf carts, golf clubs and bags, and other rental items; range balls; reservation fees; fees for golf handicap service; rental and concession payments; food and beverage sales; liquor sales; revenue generated from space rentals and from golf-related meetings, banquets, parties, tournaments, and other group gatherings; merchandise sales; golf instruction fees; revenues from golf schools; gross receipts received by licensees or concessionaires; proceeds from insurance; any amount received by OPERATOR in connection with any claim, demand, or lawsuit; and all other reven ues generated by the Golf Course. Gross Revenues shall be reduced by any cash refunds or credits allowed on returns by purchasers.
Gross Revenues shall not include the following: (a) sales taxes, excise taxes, gross receipts taxes and other similar taxes now or later imposed upon the sale of food, beverages, merchandise or services and paid to the appropriate taxing authority, whether added to or included in the selling price; (b) the amount of any gratuities to Golf Course employees, or service charges add ed to customer billings which represent gratuities to Golf Course employees (c) receipts from public telephones; (d) proceeds of any borrowings by OPERATOR or City; (e) initial operating funds in the Bank Account and funds subsequently provided by City to satisfy the working capital needs of the Golf Course pursuant to Section 9.03; (f) any operating funds provided by City to OPERATOR to subsidize and/or support ongoing operations in the event revenues do not meet expenses; and (g) refunds for the value of merchandise, Supplies or equipment returned to shippers, suppliers or manufacturers.
1.33 Hazardous Materials. "Hazardous Materials" are defined in Section 5.13. 5 1.34 Impositions. “Impositions" are all taxes and assessments (including without limitation re al property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license fees, permit fees, inspection fees and other authorization fees and charges, which at any ti me may be assessed, levied, confirmed or imposed on the Golf Course or the operation of the Golf Course.
1.35 Improvements. 'Improvements" are defined in Section 6.02.
1.36 Insurance Requirements. 'Insurance Requirements" are all requirements of each insur ance policy, and all orders, rules, regulations and other requirements applicable to the Golf Course or the operation of the Golf Course.
1.37 Invitee. "Invitee" is anyone present on the Golf Course for golfing, dining or other lawful purpose.
1.38 Legal Requirements. "Legal Requirements" are all laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of all governments and governmental authorities, which now or hereafter may be applicable to th e Golf Course or the operation of the Golf Course, including, but not limited to, the Americans with Disabilities Act and implementing regulations as well as other federal, state and local laws and regulations governing access and all federal, state and local laws and regulations pertaining to the storage, use and disposal of "hazardous or toxic wastes, substances or materials" as defined by applicable law.
1.39 Lesson Expenses. "Lesson Expenses" are defined in Section 8.01.4.
1.40 Liquor License. "Liquor License" shall mean either "on-sale beer and/or wine" or "on -sale general".
1.41 Maintenance Building . "Maintenance Building" is the three buildings comprising approximately 7,700 square feet utilized for the storage and maintenance of equipment.
1.42 Maintenance Standards. "Maintenance Standards" are the standards for maintenance of the Golf Course set forth in the Golf Course Maintenance Standards attached hereto as Exhibit C and incorporated herein by this reference, as they may be revised during the term of this Agreement in the sole and absolute discretion of the City Manager; provided, however, that if any such revision results in an increase in Direct Costs, CITY shall increase the applicable Direct Cost Budget (s) reasonably to account for such increased Direct Costs.
1.43 Management Staff. Management Staff is defined in Section 5.02.1.
1.44 Marketing and Promotional Plan. "Marketing and Promotional Plan" is defined in Section
3.06.3.e
6 1.45 Operating Year. "Operating Year" is the period from the Effective Date to the following June 30 and each following twelve (12) calendar month period for the term of the Agreement commencing on July 1 and ending on June 30.
1.46 Operator. "Operator" is Touchstone Golf, LLC.
1.47 PGA/LPGA. "PGA" is the Professional Golfers' Association of America. "LPGA" is the Ladies Professional Golfers' Association of America.
1.48 Premises. "Premises" is the Golf Course.
1.49 Pro Shop. "Pro Shop" is the golf professional shop located in the Clubhouse.
1.50 Recognized Clubs. "Recognized Clubs" is limited to the Vallejo Golf Club, Inc.
1.51 Resale Inventory. "Resale Inventory" is Pro Shop merchandise and food and beverage items.
1.52 Senior Golfers. "Senior Golfers" are golfers who are at least sixty-two (62) years of age.
1.53 Strategic Operational Decisions . “Strategic Operational Decisions” are opera tional and management decisions that affect the long -term operations of the course(s), including but not limited to: temporary or indefinite closure of no more than eighteen (18) course holes, temporary or indefinite closure of the Driving Range, temporary or indefinite closure of all or part of the clubhouse and associated facilities, including food and beverage services.
1.54 Superintendent "Superintendent" is an employee of Operator who is in charge of Golf Course maintenance, is a Class A member of the GCSAA and has a Qualified Applicator Certificate ("QAC") in categories B and F.
1.55 Supplies. "Supplies" are consumable items used in or held in storage for use in the operation of the Golf Course, including scorecards and cart tickets, driving range balls, locker room and bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items.
1.56 USGA. “USGA” is the United States Golf Association.
2.0 TERM AND OPERATOR COMPENSATION.
2.01 Term. The term of this Agreement (the "Effective Date") shall commence January 1, 2018, and shall end on December 31, 2019, unless otherwise terminated or cancelled pursuant to this Agreement.
2.02 Cancellation. OPERATOR may cancel this Agreement, without penal ty or cause, after providing CITY with one hundred eighty (180) days written notice. 7 2.02.1 CITY's Rights upon Cancellation. Upon cancellation of this Agreement pursuant to Section 2.02, CITY shall have the following rights:
a) to collect from OPERATOR any and all monies owing to CITY under this Agreement;
b) to take sole possession of the Bank Account; and
c) to require Operator to vacate the Premises.
2.02.2 OPERATOR'S Rights upon Cancellation . Upon such cancellation pursuant to Section 2.02, OPERATOR shall be obligated to pay CITY any damages incurred by CITY as a result of OPERATOR’s failure to fully satisfy OPERATOR’s obligations under this Agreement.
2.03 Extension. Upon mutual agreement of the parties, the term of this Agreement may be extended up to two (2) additional years following expiration of the initial term. Provided however, that OPERATOR is not in material default of any terms and provisions of this Agreement. CITY and OPERATOR shall have the right, but not the obligation, upon their mutual agreement to extend the term of this Agreement, subject to such additional or other terms and provisions as the parties may agree in writing. The preceding sentence shall not obligate either party to extend the term of this Agreement. The failure of either party to agree to an extension of the term of this Agreement shall not be deemed a breach by such party of the covenant of good faith and fair dealing. If a party is interested in pursuing negotiations to extend the term of the Agreement, the party shall provide notice to the other party not later than six (6) months prior to the expiration of the term of the Agreement. If such notice is given, then not less than two (2) months prior to the expiration of the term of the Agreement, the parties shall enter into an extension of the Agreement or provide notice that the Agreement will not be extended and that Section 14.0, "Transition Procedures," of the Agreement is effective.
2.04 Base Management Fee. OPERATOR shall earn a Base Management Fee of $8,000 per month payable on the 1 st day of each month in advance, for an annual Base Management Fee of $96,000.
2.04.01 Incentive Fee Adjustment – Year 1 (Calendar Year 2018).
The Base Management Fee shall be adjusted based on increases or decreases in the City’s Golf Enterprise Fund subsidy (excluding debt service) as compared to the average annual historic subsidy of $244,946 (based on a three -year average: Fiscal Year 14 -15 Actual; Fiscal Year 15-16 Actual; Fiscal Year 16-17 Projected). At the conclusion of calendar year 2018, if the total subsidy required for the Golf Enterprise Fund is less than $244,946 , inclusive of the $96,000 Base Management Fee , the Base Management Fee shall be increased by fifty percent (50%) of the difference, with a maximum adjustment of not more 8 than $24,000. By way of example, if the total subsidy required for Calendar Year 2018 is $220,946, the fee adjustment would be a $12,000 increase (50% of th e difference of $244,946 minus $220,946 ), for a total payable fee of $108,000. The total payable fee in any Calendar Year (Base Management Fee and Incentive Adjustment combined) shall not exceed $120,000.
If the total subsidy required for the Golf Enterprise fund is more than $244,946, inclusive of the $96,000 Base Management Fee , the Base Management Fee shall be decreased by fifty percent (50%) of the difference, with a maximum adjustment of not more than $24,000. By way of example, if the total su bsidy required for Calendar Year 2018 is $264,946, the fee adjustment would be a $10,000 decrease (50% of the difference of $264,946 minus $244,946), for a total payable fee of $86,000. The total payable fee in any Calendar Year (Base Management Fee and In centive Adjustment combined) shall not be less than $72,000.
In the event of termination of this Agreement prior to the end of a Calendar Year , the Incentive Fee Adjustment shall be pro-rated.
2.04.02 Incentive Fee Adjustment in Calendar Year 2019 and every year thereafter should the City elect to extend the duration of this Agreement pursuant to Section 2.03 The Base Management Fee shall be adjusted based on increases or decreases in the City’s Golf Enterprise Fund subsidy (excluding debt service) as comp ared to the previous Calendar Year. If the total subsidy required for the Golf Enterprise Fund is less than the previous Calendar Year – inclusive of the $96,000 Base Management Fee – the fee shall be increased by fifty percent (50%) of the difference, wit h a maximum adjustment of not more than $24,000. The total payable fee in any Calendar Year (Base Management Fee and Incentive Adjustment combined) shall not exceed $120,000.
If the total subsidy required for the Golf Enterprise Fund is more than the previous Calendar Year – inclusive of the $96,000 Base Management Fee – the fee shall be decreased by fifty percent (50%) of the difference, with a maximum adjustment of not more than $24,000.
The total payable fee in any Calendar Year (Base Management Fee and Incentive Adjustment combined) shall not be less than $72,000.
In the event of termination of this Agreement that occurs prior to the end of the Calendar Year of any year this Agreement is in effect (other than a termination by under the terms established in Section 13 of this agreement, in which event no Incentive Fee Adjustment shall be due), the Incentive Fee Adjustment shall be pro-rated and comparable based on the interim period during which OPERATOR provided management.
2.04.03 Alcoholic beverage profits. TOUCHSTONE shall retain all Net Profits from the sale of alcoholic beverages at the Golf Course Facility; provided, however, that the Base Management Fee shall be reduced each month by the amount equal to the Net Profits retained by TOUCHSTONE for such month. As used herein, the term “Net Profits” shall mean the gross receipts attributable to the sale of alcoholic beverages at the Golf Course Facility less (i) employee salaries, other compensation and benefits, (ii) payments under 9 equipment leases, (iii) costs incurred to purchase alcoholic beverages for service or sale, and (iv) any applicable state and federal taxes, but specifically excluding TOUCHSTONE’s income taxes in respect of Net Profits retained by TOUCHSTONE pursuant hereto.
3.1 OWNERSHIP AND MANAGEMENT OF GOLF COURSE.
3.01 Ownership. Ownership of the Golf Course, all funds in the Bank Account, all cash on hand, all Facilities, Furnishings and Equipment, Resale Inventory and Supplies acquired by CITY or acquired by the OPERATOR on behalf of CITY, an d all alterations, additions or betterments thereto, shall remain with CITY.
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3.02 Retention of OPERATOR.
3.02.1 Role of the OPERATOR . Subject to the terms of this Agreement, CITY hereby retains OPERATOR as an independent contractor, and OPERATOR agrees, to: (a) man age and supervise all day-to-day operations of the Golf Course including starting services, course marshals, pro shop, building and course maintenance, security, cart rental, driving range, food and beverage service, golf instruction, and administration/ma nagement; (b) acquire all goods and services necessary to carry out OPERATOR'S responsibilities; (c) acquire all necessary licenses and permits for the operation of the Golf Course including related to food preparation and alcoholic beverages; (d) manage all course reservations, tee times, and tournaments; (e) prepare such annual and other plans and reports as set forth in this Agreement or as requested; (f) determine, establish, and implement the policies, standards, and schedules for the operation and maintenance of the Golf Course and all matters affecting customer relations, in accordance with this Agreement including the attached exhibits; (g) hire, train, and supervise the General Manager, Golf Course Superintendent, Golf Professional and Food Service Manager (collectively "Management Staff') and all Golf Course employees; (h) supervise and direct all phases of advertising, sales, and business promotion for the Golf Course; (i) establish accounting and payroll procedures and functions for the Golf Cours e; (j) procure and maintain all equipment necessary and appropriate for the profitable and efficient operation of the Golf Course; and (k) maintain the environmental impact mitigation areas in the Golf Course and manage compliance with all environmental pl ans, permits and agreements as related to the Golf Course. Parties understand that costs of undertaking the services above are reimbursed pursuant to Section 8 of this Agreement. Further, CITY may require OPERATOR, and OPERATOR agrees, to provide master pl anning and capital budgeting for the Golf Course operation. OPERATOR shall perform the duties herein required to be performed by it in accordance with the policies and directives from time to time adopted by CITY or as directed by the City Manager.
10 3.02.2 Goal for the OPERATOR. CITY intends for the OPERATOR to operate the Golf Course with a priority emphasis on maintenance and customer service, within the fiscal constraints of the CITY.
3.02.3 Touchstone Golf Foundation. OPERATOR may utilize volunteers from Touchstone Golf Foundation. OPERATOR may provide volunteers with complimentary golf on a space-available basis, and other privileges as defined by the Touchstone Golf Foundation and this Agreement, attached as Exhibit G.
3.03 Warranties. OPERATOR warrants and represents that it has full power and authority to enter into this Agreement and perform the obligations in this Agreement; that consummation of this Agreement will not create a default under any other agreement and will not violate any law, regulations, order, judgment, decree or rule; that OPERATOR has conducted its own review of the plans and specifications for the Golf Course prior to execution of this Agreement; and that OPERATOR is not relying on any representation of the CITY in connection with the execution of this Agreement. OPERATOR warrants and represents that it is authorized to transact business in the State of California and that all of OPERATOR'S employees are properly licensed and trained for their respective positions and responsibilities. CITY warrants and represents that it has the full power and authority to enter into this Agreement and perform the obligations in this Agreement; and that consummation of this Agreement will not create a default under any other agreement and will not violate any law, regulation, judgment, decree or rule.
3.04 Premises.
3.04.1 CITY's Right of Possession . This Agreement does not constitute a lease and the right of possession of the Premises shall at all times remain with CITY. CITY and its author ized representatives shall have the right to enter the Premises at any time without notice and for any purpose, including, without limitation, the following: to determine whether the Premises are in good condition and whether OPERATOR is complying with its obligations under this Agreement; to do any necessary maintenance and to make any restoration to the Premises that CITY has the right to perform; to serve, post or keep posted any notices required or allowed under the provisions of this Agreement; to show the Premises to prospective brokers, agents, consultants, bankers, buyers, tenants, operators any time during the term of the Agreement; and to undertake emergency maintenance, repairs or restoration. CITY shall at all times have the authority to exercise control over the Premises, including but not limited to the right to establish, grant or utilize easements or rights-of-way over, under, along and across the Premises or enter into cellular tower leases of portions of the Premises. Any net revenue received from other uses of the Premises shall be counted as Gross Revenues of the golf course, to the extent that the Gross Revenues are needed to offset any operating subsidy provided by CITY. 11 3.04.2 Condition of Premises . OPERATOR acknowledges that, except as express ly set forth in this Agreement, CITY has made no representations or warranties concerning the condition of the Premises as of the Effective Date, but it is recognized the condition of the Premises is subject to ordinary wear and tear for like properties and similar business operations. OPERATOR agrees to continue operations as of the Effective Date. This Agreement is subject to all easements, liens and other interests affecting title to the Premises, whether or not they are of record.
OPERATOR shall complete a product and equipment inventory, and conduct a full inspection of the premises, and provide an inventory and baseline conditions report to the City. The inventory and baseline conditions report, upon acceptance and approval by the City, shall be incorp orated into this Agreement. The obligations of the City are conditioned on City approval of OPERATOR report containing product and equipment inventory and inspection of premises.
3.04.3 Marketing, Branding & Identification of Premises . OPERATOR shall identify the premises in any signs, websites, marketing materials, advertising, or other references as “Blue Rock Springs Golf Course in Vallejo,” or other combination that includes both “Blue Rock” and “Vallejo.”
3.05 Intrusions. CITY reserves the right from time to time during the term of this Agreement, to promulgate such reasonable rules and regulations concerning the use of the Premises and any part or parts thereof, as CITY, in its sole discretion, shall deem appropriate.
3.06 Monthly and Quarterly Reports and Annual Plans.
3.06.1 Monthly Reports and Activities . Within twenty (20) days after the end of each month, OPERATOR shall provide CITY with the following reports and documents:
a) Year-to-date balance sheet, and income and expense statement including all Direct Costs for that month and Gross Revenues for that month (itemizing each source of Gross Revenues including, without limitation, green fees, annual fees, golf cart rentals, Pro Shop sales, food and beverage sales, lesson fees, nonrefundable tournament reservations and driving range operations);
b) Check register or equivalent report.
3.06.2 Preparation of the Annual Plan . During the Term of this Agreement, OPERATOR shall submit on or before February 1 of each year, a "Preliminary Annual Plan" and on or before March 15 of each year, a "Final Annual Plan" for the Golf Course for the next Operating Year.
3.06.3 Contents of the Annual Plan. The Annual Plan shall include:
a) Direct Cost Budget showing actual Golf Course Expenses for previous year, previous years adopted or amended budget, and estimates of all Golf Course Expenses for the next Operating Year;
12 b) Actual numbers for previous years and estimates for the following Operating Year for the following items: (i) Gross Revenues separated into all fee categories, including green fees, annual fees, driving range fees, cart fees, lesson fees, merchandise revenue, food and beverage revenue, and tournament revenue, (ii) number of employees, by job title (iii) number of rounds to be played categorized by weekday/weekend/holiday, rate and residents/nonresidents; c) Capital Expenditures in previous years and budget for proposed Capital Expenditures ("Capital Budget"), as well as a five (5) year capital improvement program;
d) Course Maintenance Plan including a report of maintenance activities undertaken during the current year as well as projections for the next Operating Year;
e) Marketing and Promotion Plan for the Golf Course including a report of activities undertaken during the current year as well as projections for the next Operating Year; and
f) Results of the Service Audit Program conducted in previous years and plans for the next Operating Year.
3.06.4 Approval of the Annual Plan . The City Manager shall review the Annual Plan and make a recommendation to the City Council, which will act on any requested change to the green, driving range, golf cart and equipment fees. The City Council shall act on approval of the Annual Plan, with the City-wide budget process.
3.06.5 Compliance. OPERATOR shall comply with and shall perform its obligations under this Agreement in conformance with the approved applicable Annual Plan, as approved by City, and shall not, without the prior written consent of the City Manager, be entitled to reimbursement for Direct Costs, Capital Expenditures or any other cost or expe nses related to the Golf Course unless included in the approved Annual Plan.
3.06.6 Quarterly Review of Annual Plan . The City Manager and the General Manager of the Golf Course shall meet quarterly and discuss the operating results of the Golf Course. The parties shall agree upon any amendments or revisions to the Annual Plan to take into consideration variables or events that did not exist, or could not be anticipated by OPERATOR or CITY, at the time the Annual Plan was prepared. Any revisions to the Annual Plan shall require approval of the City Manager, who in his or her sole and absolute discretion, may require further approval by the City Council.
13 3.07 No Assignment. OPERATOR acknowledges that CITY is entering into this Agreement in reliance on the unique skill and experience of OPERATOR and its employees. OPERATOR shall not subcontract or assign all or any part of its right or obligations under this Agreement, unless approved in writing by City Manager. Any change in the control of OPERATOR, including, without limitation, any transfer or acquisition of a controlling percentage of OPERATOR'S equity or stock, shall constitute an assignment for purposes of this Agreement.
3.08 Subordinate to Financing Documents . Notwithstanding any other provision hereof, OPERATOR and CITY acknowledge and agree that the CITY has leased the Golf course, among other City properties, to the Vallejo Public Financing Authority (the "Authority") and has leased such property including the Golf Course back from the Authority pursuant to that certain Amended and Restated Master Site Lease and Amended and Restated Master Lease Agreement, respectively, each dated as of July 1, 2011 (the "Leases") which have been duly recorded in the office of the County Recorder of the County of Solano. The Leases have been assigned to Union Bank, N.A. (the "Bank"). Further, the CITY has entered into a Golf Course Security Agreement, dated as of May 1, 2001 (the "Security Agreement") with the Bank pursuant to which the CITY pledges the Gross Revenues to secure the o bligations of the CITY to the Bank. The OPERATOR acknowledges and agrees (hat this Agreement is subordinate to the rights of the Bank pursuant to the Leases and the Security Agreement, and that in the event that the Bank determines to exercise any remedies against the Golf Course and/or the Gross Revenues under the Leases or the Security Agreement, respectively, the OPERATOR'S rights hereunder will be adversely affected.
4.1 OPERATOR'S SERVICE OBLIGATIONS.
4.01 Golf Professional Services . OPERATOR shall sell, rent, and repair golf equipment; sell golf-related clothing and supplies; provide instructional services in the playing of golf; rent golf carts; and operate a driving range. Such services shall be provided by or under the on -Premises direct supervision of the Golf Professional.
4.01.1 Pro Shop and Merchandise. The Pro Shop shall be open on the dates and at the time provided in the Golf Course Manual.
A. Inventory. OPERATOR shall procure and maintain in the Pro Shop such inventory of golf merchandise as deemed necessary or appropriate to adequately meet public demand.
B. Mark Down of Merchandise . The OPERATOR may periodically mark down merchandise for sale purposes. Merchandise that can reasonably be classified as "damaged" or "stale" may also be marked dow n at the discretion of the OPERATOR. In the event an item is determined "unsellable", or that any aged merchandise in the Pro Shop cannot or should not be sold because of the reputation or image of the Pro Shop, then OPERATOR may sell the 14 merchandise at less than cost and include the payment for the merchandise in the Gross Revenues.
OPERATOR shall be required to notify the CITY, in writing, of each instance that merchandise is sold for cost, or less than cost, stating the reasons for such actions.
4.01.2 Golf Ins truction. OPERATOR shall provide for golf instruction by qualified instructors supervised by the Golf Professional. All instructors shall be PGA or LPGA Class A golf professionals or apprentices, unless otherwise approved by City Manager. OPERATOR shall cause all golf instructors to comply with the rules and regulations set forth in the Golf Course Manual.
A. Junior and Community -based Golf Programs . As provided in the Golf Course Manual, OPERATOR shall organize and implement junior golf programs as authorized by the annual budget.
4.01.3 Golf Carts. OPERATOR shall procure on behalf of the CITY and maintain in good condition power-driven golf carts in sufficient numbers to meet the public demand as set forth in the Golf Course Manual. If the term of such obligation extends beyond the term of this Agreement, OPERATOR shall assign, and CITY shall assume, such obligation. The City Manager shall have the right, in City Manager's sole and absolute discretion, to require a change in the number or types of golf carts in use at the Golf Course; provided, however, that the CITY shall increase or decrease the applicable Direct Cost Budget(s) reasonably to account for resulting increased or decreased Direct Costs. Prior to procuring golf carts, OPERATOR shall give City Manager wr itten documentation concerning the type of golf cart to be acquired. OPERATOR shall acquire golf carts in accordance with City Manager's written approval. All carts shall be four-wheel, electric vehicles, and shall be equipped as determined by OPERATOR.
OPERATOR may prohibit the use of golf carts on the Golf Course whenever weather conditions expose the user to danger or the Golf Course to damage. OPERATOR shall employ or contract for an on-site mechanic who is able to repair and maintain golf carts.
4.01.4 Driving Range. OPERATOR shall operate and manage all driving range operations, and procure and maintain all equipment necessary and appropriate. Driving range balls shall be of high quality, and all cracked and worn range balls shall be removed in a timely manner.
4.01.5 Golf Course Starter Services . OPERATOR shall render and provide Golf Course starter services including, but not limited to, opening and closing the Golf Course at the times set forth in the Golf Course Manual, collecting green fees, collecting tou rnament fees, taking reservations from the telephone and at the Golf Course and recording the reservations on starter sheets, placing golfers' names on a call sheet as necessary and appropriate, sending golfers to the tee and starting them off at proper in tervals, receiving requests from groups for tournaments, booking tournaments and collecting appropriate fees prior to each tournament's starting date, 15 coordinating tournament food and beverage needs, taking all actions as necessary and appropriate to speed play on the Golf Course, entering each golfer's name on the starter tee sheet and issuing a receipt to each golfer upon payment of the applicable green fee. OPERATOR shall maintain a system that tracks number of rounds played and fees collected by fee category, including resident and non -resident rounds, on a daily basis. Such information shall be made available for review by the City Manager, as requested.
OPERATOR shall schedule reserved starting times for tournaments in accordance with procedures established in the Golf Course Manual.
Totals on the number of rounds of play by fee categories and by resident/non -resident categories shall be submitted to CITY’s Finance Department on a monthly basis using forms approved in writing by the City Manager.
4.01.6 Marshaling Time. OPERATOR shall procure the services of marshals at such times and in such numbers as necessary and appropriate to expedite play and ensure compliance with all rules and regulations, with a priority placed on Vallejo residents.
4.02 Days and Hours of Operation. The minimum hours of operation shall be as set forth in the Golf Course Manual. OPERATOR shall make no changes in the days and hours for operation of the Premises without the prior approval of the City Manager.
4.03 Technology.
4.03.1 Computer Network. OPERATOR shall procure and maintain telephones, wiring, computers, software and all equipment necessary and appropriate to operate a computer network, acceptable to CITY's Chief Information Officer, or any successor position.
4.04 Valet Parking. Unless approved by the City Manager, OPERATOR shall not implement a valet parking program. If such a valet parking program is required, any costs related to the implementation of the program shall be a Direct Cost.
4.05 Food and Beverage Services. OPERATOR shall have the exclusive right and obligation to provide food and beverage services at the Golf Course. The food and beverage service shall include operation of an indoor dining facility, and at least one mobile cart providing food and beverages on the Golf Course during weekends and holidays (collectively, "Food Service Facilities"). Food and Beverage Services shall include catering and banquet services on an as-needed basis to support tournaments and events.
4.05.1 Hours of Operation . OPERATOR shall keep the Foo d Service Facilities open for business during the hours set forth in the Golf Course Manual. 16 4.05.2 Management and Other Food Service Staff . OPERATOR shall hire a professional manager ("Food Service Manager") to manage and conduct day -to-day operations at the Foo d Service Facilities. OPERATOR shall also hire other food service personnel in numbers sufficient to satisfy customer demands for food service. The Food Service Manager, or his or her designee, shall be present on the Premises during all times the Food Service Facilities are open for business.
4.05.3 Health Certificates and Licenses. OPERATOR shall obtain and maintain for the term of this Agreement any and all permits and licenses required by any federal, state or local governmental agency in connection wit h the services to be provided by OPERATOR under this Agreement.
4.05.5 Quality of Service . OPERATOR shall provide food and beverage service in accordance with all Legal Requirements and Insurance Requirements and reputable business standards. OPERATOR shall ensure that food and beverages are kept in stock sufficiently to meet customer demand.
4.05.6 Alcohol Sales and License. CITY will allow the sale of beer, wine and liquor at the Golf Course. CITY and OPERATOR acknowledge that the sale of beer, wine and liquor at the Golf Course may be conducted pursuant to this Agreement by OPERATOR. Furthermore, OPERATOR acknowledges:
A. OPERATOR shall, at a minimum, maintain the necessary State of California liquor licenses, and all other local permits and approvals required for a beer and wine license.
OPERATOR, its agents or any subcontractor will comply with all local, state, and federal laws relating to the sale of alcoholic beverages.
B. If OPERATOR, its agents or any affiliate is negligent in the sale of beer, wine or liquor and any licenses or permits are revoked, OPERATOR, its agent or any affiliate has ninety (90) days to reactivate the revoked license(s) or permit(s) or subcontract the Food and Beverage Concession or provide proof of satisfactory progress to CITY.
C. In the event liquor licenses are not in effect at any time at the Golf Course, OPERATOR, its agents or any affiliate will discontinue the sale and service of all beer, wine or liquor beverages until such time as a valid license or permit is reactivated or obtained.
4.06 Building and Equipment Maintenance Services. OPERATOR shall keep and maintain the Premises and Facilities which may now or hereafter exist on or in the Golf Course, in good and safe condition throughout the term of this Agreement, providing for such r epairs, replacements, rebuilding and restoration as may be necessary and appropriate to comply with the requirements of this Agreement. Except in the event of an emergency threatening imminent injury to persons or damage to property, all such repairs, repl acements, rebuilding or restoration of the Premises and 17 Facilities exceeding the amount defined as a Capital Expenditure in Section 1.05, or if greater than the budgeted amount, in the Capital Budget must be approved by the City Council in writing prior to implementation. Upon termination of this Agreement, the Premises and Facilities shall be returned to CITY in as good or better condition than at the start of the Agreement, reasonable wear and tear excepted.
4.07 Grounds Maintenance Services. OPERATOR shall provide all maintenance and repair work in accordance with the applicable warranties and Golf Course Maintenance Standards, attached hereto Exhibit C.
4.07.1 Chemical Herbicides and Pesticides . OPERATOR shall not cause or permit the application of biocides, defoliants, chemical fertilizers, pesticides, herbicides, fungicides or other agri-chemicals except in compliance with the Hazardous Materials provisions set forth in Section
5.13. OPERATOR shall ensure that employees are trained and knowledgeable about best management practices for using fertilizers, herbicides and pesticides to prevent any Hazardous Materials release and how to handle any such accidental release in accordance with the materials safety data sheets for the appropriate chemical. OPERATOR shall obtain any required permits and submit any required reports related to the use of permitted biocides, defoliants, chemical fertilizers, pesticides, herbicides or other agri-chemicals, including the County Agriculture Commissioner.
4.07.2 Water Courses . OPERATOR shall not cause any intentional ponding on the Premises or any flooding on adjacent land. Unless otherwise specifically directed by CITY, OPERATOR shall not engage in any activity that causes any change, disturbance, fill, alteration or impairment to the b ed, bank or channel of any natural water course, wetland or other body of water on, in, under, or about the Premises; nor shall OPERATOR engage in any activity that would pollute or degrade the surface or subsurface waters or result in the diminution or drainage of such waters.
4.07.3 Municipal Water and Utilities . At all times during the Term of this Agreement, OPERATOR shall use its reasonable best efforts to protect the municipal water facilities, and the facilities or other utilities located on the Golf Course , from any damage, injury or disturbance. If OPERATOR or any of its agents or invitees damages, injures or disturbs any of the foregoing facilities, OPERATOR shall immediately notify the City Manager of that occurrence.
4.07.4 Waste Disposal. OPERATOR shall provide adequate trash facilities on the Premises and shall promptly empty the containers when full. OPERATOR shall use its best efforts to reduce the amount of trash and waste generated from Golf Course and to acquire products for use on the Premises that reuse or recycle packaging. OPERATOR shall not permit the burning, dumping or other disposal on, under or about the Premises of landfill, refuse, hazardous materials or other materials, with the exception of Golf Course clippings that can be dispersed on the G olf Course. 18 OPERATOR shall dispose of all wastes in compliance with Legal Requirements and Environmental Laws.
4.07.5 Trees and Other Plant Materials . OPERATOR shall maintain all trees and other plant materials on the Golf Course in compliance with the Golf Cours e Manual and environmental permits. Unless OPERATOR is replacing the tree or other plant materials with like kind and quantity, OPERATOR shall not remove or destroy any tree or other plant materials on the Premises without the prior written approval of the City Manager. In the case that a tree, or portion of a tree, has fallen on the Golf Course and becomes a safety hazard, the OPERATOR is authorized to prune or remove the tree. All pruning shall be consistent with industry standards. However, any pruning o r removal of a Significant Tree, as defined by the Vallejo Municipal Code section 16.04.475, shall be approved in writing by the City Manager.
4.07.6 Notification to City of Defect or Illegal Activity . OPERATOR shall immediately notify the City Manager upon discovering a possible workmanship or material defect in any structure or improvement on the Golf Course or upon discovery of any material unauthorized dumping, disposal or use or activity on the Golf Course.
4.07.7 Inspections. Semi -annually during the term of this A greement, the City Manager may inspect the Golf Course for purposes of OPERATOR'S compliance with the terms of the Golf Course Maintenance Standards attached as Exhibit C. If requested by the City Manager, the General Manager and Course Superintendent shal l attend the inspection. CITY agrees that the City Manager shall act reasonably and in good faith in making the determination whether the operating procedures in the Golf Course Manual and the Golf Course Maintenance Standards have been satisfied. The City Manager and/or the General Manager of the Golf Course shall prepare a detailed list of all areas that the City Manager considers in need of correction, improvement or repair ("Corrective Action Item"). This list shall include the steps OPERATOR intends to take to correct, improve, or repair the Corrective Action Items and the time schedule for doing so. The CITY shall amend the OPERATOR'S budget to include as Direct Costs any Corrective Action Items not previously included in OPERATOR'S approved budget.
4.07.8 Maintenance Personnel . OPERATOR shall employ and maintain in its employ a Class "A" Golf Course Superintendent and Crew at the Premises daily during normal working hours. OPERATOR shall employ sufficient personnel to perform all work required under the Golf Course Maintenance Standards outlined in Exhibit C.
4.07.90 Suspension of Play. Temporary suspension of play shall be determined as provided in the Golf Course Manual outlined in Exhibit B.
4.07.10 Equipment Supplies and Materials. OPERATOR shall procure and maintain (as a Direct Cost) all necessary and appropriate equipment, supplies and materials of good quality and 19 in sufficient number to fulfill the maintenance requirements of this Agreement, but expenditures shall not exceed the amounts allocated in the Direct Cost Budget without the prior written consent of the City Manager. The required equipment, supplies and materials shall include, but not be limited to:
a) All equipment necessary and appropriate to operate the Golf Course including, but not limited to, the Maintenance Equipment List, which is attached as Exhibit D;
b) All necessary and appropriate gas, oil, maintenance and operating supplies, and spare and replacement parts for all equipment used at the Golf Course with the OPERATOR'S option to use the CITY’s contracts; all necessary; appropriate topdressing, seed, fertilizers, fungicides, insecticides and herbicides for maintenance of the Golf Course and in compliance with Section 4.07;
c) Parts, supplies and equipment necessary for the repair and maintenance of all Golf Course irrigation systems;
d) Tee towels, soaps, ball washers, putting green cups and flags, benches, trap rakes, tee markers, tee mats, trash receptacles, trash receptacle liners, cleat brushes, and all other pertinent golf course equipment; and,
e) Procurement of all necessary retail and concession inventory and consumable supplies such as janitorial cleaning supplies, paper products, soap, etc.
4.08 Parking Lot Maintenance Services. OPERATOR shall keep all parking lots on the Premises in a c lean and good condition, and shall provide normal (non -capital) parking lot maintenance services, including, but not limited to, daily trash collection, curb painting as required, and landscaping and maintenance. All costs of such parking lot maintenance w ill be Direct Costs.
OPERATOR shall be responsible for arranging sweepings of the parking lot once a month or more often as determined by CITY.
4.09. Customer Service.
4.09.1. Customer Service Program . OPERATOR shall conduct a customer service satisfaction survey to evaluate the Golf Course operations no more frequently than quarterly and no less frequently than annually. The service program shall evaluate the operations of the Golf Course and make recommendations concerning said operations, including, with out limitation, recommendations relative to quality, quantity and selection of merchandise, and customer service provided by OPERATOR’s employees. OPERATOR shall submit to CITY an executive summary of the results and recommendations of the survey.
4.09.2 Customer Evaluation Forms. Customer evaluation forms shall be visible and readily available.
20 4.09.3 Customer Service Training Program . As part of the initial training of new employees and annually thereafter, OPERATOR shall conduct a customer service training program for all employees of OPERATOR who come into contact with guests at the Golf Course.
4.10 Emergency Services . OPERATOR shall provide CITY with contact information for all Management Staff in order that they can respond to any emergency on a twenty -four hour basis. During periods of severe inclement weather conditions, OPERATOR will provide sufficient personnel for the purpose of sandbagging, keeping drains clear, and/or any other tasks required to prevent serious damage to Golf Course improvements and Facilities.
5.0 OPERATOR'S OPERATING RESPONSIBILITIES.
5.01 Overall Responsibilities of OPERATOR . OPERATOR shall perform the following services, or cause the same to be performed for the Golf Course, and all expenditures of OPERATOR and costs and expenses incurred by OPERATOR in performing these services shall be Direct Costs:
a) enter into such contracts for the furnishing of utilities and building maintenance and other services to the Golf Course, subject to the terms of Section 5.03; b) make all repairs, decorations, r eplacements, additions, revisions, alterations and improvements to the Golf Course as shall be reasonably necessary for maintenance of tire Golf Course in good order, condition and repair, subject to the terms of Section 6.04 of this Agreement;
c) incur such expenses as shall be necessary for the proper operation and maintenance of the Golf Course, including without limitation purchase or rental expenses for Furnishings and Equipment;
d) maintain a level of Resale Inventory deemed appropriate by OPERATOR for operating the Pro Shop and the Food Service Facilities;
e) apply for, obtain and maintain, all licenses and permits required of OPERATOR in connection with the operation and management of the Golf Course. CITY agrees to execute any and all applications and such o ther documents as shall be reasonably required and to otherwise cooperate, in all reasonable respects, with OPERATOR in the application for, and obtaining and maintenance of, such licenses and permits; f) do, or cause to be done, all such acts and things in and about the Golf Course as shall be reasonably necessary to comply with all Insurance Requirements and Legal Requirements, and OPERATOR shall not knowingly permit any illegal activities to be conducted on or about the Premises;
21 h) pay all Golf Course Expenses, Impositions and insurance premiums, whether incurred by City or OPERATOR, when due, except if City pays any expenses on behalf of OPERATOR, then the costs of which are to be included in the Direct Costs Budget; i) implement the Marketing and Promoti onal Plan for the Golf Course described in Section 3.06.3 (e);
j) shall be responsible for defending and settling claims, lawsuits, and demands relating to the operation of the Golf Course, as further provided in Article 11.0 below; and retaining legal counsel (and pay legal fees and costs) who under the direction of OPERATOR shall represent CITY, OPERATOR and the Golf Course on all questions relating to Legal Requirements, and shall institute and defend any and all legal actions or proceedings as shall be reasonably necessary to collect charges, rent or other income for the Golf Course, to dispossess tenants or other persons in possession from all or any portion of the Golf Course, to cancel or terminate any lease, license or concession agreement on the gro unds of default by the tenant, licensee, or concessionaire, or to contest property taxes. CITY shall have the right to approve any legal counsel retained by OPERATOR to defend the CITY, and to approve all legal bills incurred in such defense. In the event of disagreement on legal counsel to be retained, CITY may designate legal counsel to be retained to defend CITY; and k) maintain a level of Supplies deemed appropriate by OPERATOR for operating the Golf Course.
l) OPERATOR, and any subcontractors, shall c omply with California Penal Code section 11105.3 and request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in Welfare and Institution Code section 15660(a) of any person who applies for employment or a volunteer position with OPERATOR, or any subcontractor, in which he or she would have supervisory or disciplinary power over a minor under his or her care. If OPERATOR, or any subcontractor, is providing services at a City park, playground, recreational center or beach (separately and collectively, "Recreational Site"), OPERATOR shall not hire, and shall prevent its subcontractors from hiring, any person for employment or a volunteer position to provide those services if that person has been convicted of any offense that was listed in former Penal Code section 11105.3 (h)(1) or 11105.3(h)(3). If OPERATOR, or any of its subcontractors, hires an employee or volunteer to provide services to minors at any location other than a Recreatio nal Site, and that employee or volunteer has been convicted of an offense specified in Penal Code section 11105.3(c), then OPERATOR shall comply, and cause its subcontractors to comply with that section and provide written notice to the parents or guardian s of any minor who will be supervised or disciplined by the employee or volunteer not less than ten (10) days prior to the day the employee or volunteer begins his or her duties or tasks. OPERATOR shall provide, or cause its subcontractors to provide City with a copy of any such notice at the same time that it provides notice to any parent or guardian. OPERATOR 22 shall expressly require any of its subcontractors with supervisory or disciplinary power over a minor to comply with this section of the Management Agreement as a condition of its contract with the subcontractor. OPERATOR acknowledges and agrees that failure by OPERATOR or any of its subcontractors to comply with any provision of this section of the Management Agreement shall constitute an Event of Default. OPERATOR further acknowledges and agrees that such Event of Default shall be grounds for the City to terminate the Management Agreement, partially or in its entirety, to recover from OPERATOR any amounts paid under this Management Agreement, and to withhold any future payments to OPERATOR. The remedies provided in this Section shall not limit any other remedy available to the City hereunder, or in equity or law for an Event of Default, and each remedy may be exercised individually or in combination w ith any other available remedy. The exercise of any remedy shall not preclude or in any way be deemed as a waiver to any other remedy.
5.02 Personnel.
5.02.1 General. OPERATOR shall employ all of the employees of the Golf Course and set all terms and conditions of the employment. OPERATOR shall make all decisions relating to the hiring of employees, the employment of its employees and the direction of its work force. OPERATOR shall recruit, hire, train, discharge, promote and supervise the Staff of the Golf Course. The employees of the Golf Course shall be properly qualified for their positions as outlined in Exhibit B. OPERATOR shall provide reports showing all employees by name, job titles, and annual salary and/or wage, as requested by City Manager.
5.02.2 Compensation. Compensation of OPERATOR'S employees shall be comparable to other municipal -owned golf courses of similar size, unless specifically approved by the City Manager, taking into consideration recognizable differences in scope of work and cost of living at ot her golf courses. All employees of OPERATOR, other than the Management Staff, shall use a time sheet to keep track of the hours worked.
5.02.3 Prevailing Wages . OPERATOR shall comply with the requirements of the California Labor Code section 1700 et seq., includi ng but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and prevailing wages for applicable employees including but not limited to employees undertaking construction, demolition, installation, repair or maintenance work to the Golf Course and Facilities. No less than the general prevailing rate of per diem wages, and not less than the general per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers employed in the execution of the work by the OPERATOR or any subcontractor doing or contracting to do any part of the work. OPERATOR shall post a copy of the prevailing rate of per diem wages.
OPERATOR shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each 23 worker paid less than the stipulated prevailing rates for any public work done under the Agreement by OPERATOR or by any subcontractor.
5.02.4 Employee Benefits . OPERATOR shall have the obligation to provide all legally mandated employee benefits to its employees. OPERATOR shall have the right, subject to CITY'S approval, to provide its eligible employees with pensions and other employee retirement benefits and disability, health and welfare benefits, and other benefit plans now or hereafter available to employees of OPERATOR, and the allocable share of such employee benefits accrued while working at the Golf Course shall be a Direct Cost.
5.02.5 Temporary Assignment of Other OPERATOR Personnel . If the positions of General Manager, Course Superintendent, Golf Professional or Food Service Manager are not filled for whatever reason, OPERATOR shall use its reasonable best efforts to permanently fill or combine those positions within 90 days. OPERATOR may temporarily assign to these positions existing staff of OPERATOR. During such time as these employees are temporarily assigned to the Golf Course, all such employees will be paid their regular Compensation, and the pro -rata share of such employees' Compensation equal to the actual time such employees worked at the Golf Course shall be a Direct Cost.
5.02.6 Management Staff . The Management Staff shall be the following four full - time positions that will be solely dedicated to the Golf Course : the General Manager; Golf Course Superintendent; Golf Professional; and Food Service Manager. OPERATOR shall inform CITY of any changes to Management Staff. OPERATOR may adjust or combine the positions and provide notification to the City Manager.
A. General Manager. The General Manager of the Golf Course shall be responsible for the day-to-day management and operation of the Golf Course. The General Manager must have at least five (5) years experience as a golf course operations manager or assistant. The na me and telephone number (both home and business) of the General Manager shall be provided, in writing, to City and shall be current at all times. The General Manager shall be reasonably available during normal working hours to meet with City Manager. After normal working hours, the General Manager shall be reasonably available to appear at the Golf Course if deemed necessary by City Manager.
B. Superintendent. The Superintendent for the Golf Course shall be a current Class "A" member in good standing of the Go lf Course Superintendents Association and have a Qualified Applicators Certificate ("QAC") in categories B and F. Prior experience as a golf course superintendent is desired. The Superintendent shall be responsible for the maintenance of the buildings, equipment and grounds of the Golf Course.
C. Golf Professional. The Golf Professional shall be a current Class "A" member in good standing with the PGA or LPGA and have three (3) years of experience as a golf professional. 24 If the General Manager is a current Cla ss "A" member in good standing with the PGA or LPGA, then the Golf Professional may be a PGA or LPGA Class "A" apprentice. The Golf Professional shall be responsible for golf instruction, golf services and the Pro Shop. The Golf Professional shall report directly to the General Manager.
D. Food Service Manager. The Food Service Manager shall be responsible for the Food Service Facilities and providing food and beverage services. The Food Service Manager shall report directly to the General Manager. The Food Service Manager shall have at least two (2) years of food and beverage supervisory experience.
5.02.7 Background Checks. OPERATOR shall have the obligation for ensuring compliance with all applicable fingerprinting and criminal background investigation requirements and laws. The OPERATOR'S responsibility shall extend to all OPERATOR staff, volunteers and subcontractors, who are subject to California Penal Code Section 11105.3 regardless of whether such individuals are paid or unpaid, currently employed by the OPERATOR, and/or acting as independent contractors of OPERATOR. The OPERATOR shall not permit any employee, volunteer or subcontractor to have any contact with minors or students until the OPERATOR has verified in writing to the CITY that such employee has not been convicted of a felony. Verification of compliance with this Section shall be provided in writing to CITY prior to each individual's commencement of employment or access to the premises and prior to permitting contact with minors or students an d as soon as practical for existing employees after the execution of this agreement. OPERATOR is required to submit a Fingerprinting/Criminal Background Investigation Certification form to CITY.
5.03 Contracts and Agreements . All third -party contracts rela ting to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services, pest control, supplies, and landscaping services, and contracts for tournaments, banquets, an d other group functions) shall abide by the requirements in this section, which shall be included in the contract. All leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course entered into during the term of this Agreement, shall be approved in writing by CITY . If the City Manager has approved the lease, agreement or contract, CITY shall assume any such lease, agreement or contract.
To the extent that OPERATO R has existing business relationships, such as those with suppliers and contractors, the use of which will financially benefit the CITY and the operation of the Golf Course Facilities by reducing costs , OPERATOR shall make use of those relationships for the purchase supplies and equipment, as needed, to operate the Golf Course Facility.
25 5.03.1 Contracting Procedures.
A. Purchases Compliance with Vallejo Municipal Code Chapter 3.20. For all purchases, excluding Resale Inventory, OPERATOR shall comply with the provisions of chapter 3.20 of the Vallejo Municipal Code. OPERATOR shall retain records related to all purchases and bids for review by CITY for five (5) years after completion of all services under this Agreement.
B. Emergency Expenditures. OPERATOR sha ll be entitled to make additional expenditures not authorized under the then applicable Annual Plan in the event of an emergency, which may result in immediate damage or danger to life or property, or in order to comply with any immediate Legal Requirements or Insurance Requirements.
C. Purchases by OPERATOR for City's Account. OPERATOR shall take advantage of all available discounts and other prompt pay strategies. In connection with any purchases made by OPERATOR for the account of CITY, OPERATOR may perform services as a representative of the manufacturer to secure the benefits of lower costs, with any resulting savings, including representatives' fees, being passed on to CITY.
D. Trade Discounts, Rebates, Refunds and National Accounts. All trade discounts, rebates and refunds, including national accounts, pertaining directly to purchases for the Golf Course shall be disclosed to and accrue to the benefit of CITY.
E. Use of City Contracts. OPERATOR may request from CITY access to make purchases under CITY contracts.
F. Barter Transactions/Free Play. OPERATOR may request from CITY authorization to sell and trade products or services with another party, on a barter basis or provide free play.
Upon approval by City Manager such costs shall be considered a Direct Cost. OPERATOR shall not sell or trade products or services with another party, on a barter basis, or provide free play without written approval of the City Manager. Any agreement to sell or trade products or services or provide free play that is not approved by the City Manager is void and of no effect.
5.03.2. Approval of the City. If a contract has not been approved through the Annual Plan or exceeds the budgeted amount, approval of the City Manager is required.
5.03.3 Requirements for Third -Parts Con tracts. Subcontractors, lessees, concessionaires, tenants and any other third-party contractors shall:
a) Maintain and carry insurance in the amounts set forth in Article 11.0 with the CITY named as additional insured by endorsement, unless covered by the OPERATOR’s insurance.
26 b) Comply with the requirements of this Management Agreement, including but not limited to the nondiscrimination provision set forth in Section 5.04, the drug free workplace provision in Section 5.05 and the Labor Code requirements in Sectio n 5.02.3, which shall be included in all subcontracts, leases, concessionaire and other third-party contracts.
5.03.4 Reports. OPERATOR shall provide a list of all open contracts and agreements related to the Golf Course, with a brief description of the contract, term, dollar amount, contact name and phone number, as requested by City Manager.
5.04 Strategic Operational Decisions OPERATOR shall make Strategic Operational Decisions that ensure the fiscal stability and long -term sustainability of the golf course(s ). Strategic Operational Decisions that require prior approval by the City Manager include: temporary or indefinite closure of no more than eighteen (18) course holes; temporary or indefinite closure of the Driving Range; temporary or indefinite closure of all or part of the clubhouse and associated facilities, including food and beverage services.
5.05 Obligations of Current Annual Pass Holders OPERATOR shall abide by all obligations and duties, previously proffered in writing and approved by CITY, by previous management under current and paid-in-full annual passes, through the current period which expires on September 30, 2018.
5.06 Nondiscrimination. During the performance of this Agreement, OPERATOR and its subcontractors shall not unlawfully discriminate agains t any employee or applicant for employment, or customer, because of race, color, ancestry, religion, sex, national origin, marital status, age, physical disability, mental disability, medical condition, sexual orientation, or any other form of unlawful dis crimination. Equal opportunity for employees extends, but is not limited to, recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. OPERATOR and subcontractor shall ensure that the evaluation and treatment of their employees, applicants for employment and invitees are free of such discrimination. OPERATOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made part hereof as if set forth in full.
OPERATOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
OPERATOR shall include the nondiscrimination and compliance provisions of this clause in all 27 subcontracts to perform work under this Agreement. OPERATOR shall permit access by representatives of the Department of Fair Employment and Housing and CITY upon reasonable notice at any time during normal business hours, but in no ca se less than 24 hours notice, of its books, records, accounts and other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.
5.07 Drug Free Workplace. OPERATOR shall certify that it complies with Sections 8350- 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act.
5.08 Signs and Website . OPERATOR shall be responsible for installing and maintaining all signage necessary for the Golf Course operations. The cost of such signage shall be considered Direct Costs. OPERATOR shall not post outdoor signs at or on the Premises without the prior written approval of the City Manager, as well as the approval of the Economic Development Department, as required by law, with tire exception of temp orary directional or advisory signs (e.g. "Front entrance closed; use side entrance"; "Temporary no parking area"; "Wet Steps"). OPERATOR may install signs identifying the Golf Course as a golf course managed and operated by OPERATOR upon prior written approval by the City Manager as to locations and design.
OPERATOR shall create and maintain a website that identifies the Golf Course as a municipal public golf course, which shall be linked to the City website, and shall contain information related to Golf Course operations and fees.
5.09 Water and Utilities. OPERATOR shall be responsible for arranging for utility service for the Premises, including but not limited to water, gas, electricity, sewer and trash removal. OPERATOR'S costs for such utility service, as w ell as OPERATOR'S costs incurred in correcting any defect, deficiency or impairment of any utility system, water system, water supply system, drainage system, heating or gas system or electrical apparatus or wires serving the Premises, shall be Direct Costs.
5.10 Safety and Security . OPERATOR shall exercise caution at all times for the protection of persons and property. OPERATOR shall maintain adequate and appropriate safety guards and protective devices for all existing equipment and machinery and shall insta ll adequate and appropriate safety guards and protective devices for all new equipment and machinery. OPERATOR shall post appropriate caution signs to alert personnel or the public of unsafe conditions. OPERATOR shall comply with all applicable laws relati ng to safety precautions, including, without limits, the safety regulations of the California Division of Industrial Safety, OSHA. OPERATOR shall immediately correct any unsafe condition of the Premises, as well as any unsafe practices occurring thereon. P romptly after the occurrence of injury or damage to persons or property occurring on the Premises, OPERATOR shall submit to CITY a report on the incident. OPERATOR shall cooperate fully with CITY in any further 28 investigation of any injury or damage to pers ons or property occurring on or about the Premises.
The Golf Course shall contain appropriate security systems, alarm systems, motion detection sensors for after hours control, and locks for the maintenance yard and perimeter gates. The alarm system at the Golf Course shall be tied into an offsite monitoring station. CITY may require OPERATOR to install video monitoring in cash operation areas, which shall be operated in accordance with CITY'S Administrative Rule 7.9, which is incorporated herein by this re ference.
In addition, OPERATOR shall comply with CITY'S Administrative Rule 7.9, which governs the use of video systems and security camera at City facilities.
5.11 Use of Premises: Restrictions. Unless OPERATOR has obtained the prior written approval of the City Manager, which approval may be withheld or conditioned in the sole and absolute discretion of the City Manager, OPERATOR shall not conduct, authorize or permit: (a) any events or activities on the Premises not otherwise specifically provided for and a uthorized in this Agreement; or (b) any events or activities requiring the exclusive use of the Premises or any portion thereof, other than normal shotgun tournaments.
In addition, OPERATOR shall not:
a) Permit any unlawful practice to be carried on or committed on the Premises or Food Service Facilities;
b) Make any use or allow the Premises or Food Service Facilities to be used in any manner or for any purpose that might invalidate or increase the rate of insurance on any policy maintained by the CITY; including storage or use or permitting to be kept or used on the Premises or the Concession Facilities any flammable fluids, toxic materials, or substances of any nature reasonably deemed dangerous by the CITY or the CITY'S insurance carriers without obtaining prior written consent of the CITY, except for small quantities of cleaning products incidental to their permitted uses described in this Agreement; with the exception of those products necessary for the maintenance of the golf course which are normally and routinely used by comparable public golf courses. Any such products are to be contained and stored in the proper and designated containers and areas;
c) Use any portion of the Premises or Food Service Facilities for storage or other purposes except as is necessary and required with its use specified in this Agreement; d) Permit tobacco products to be used by any person in, on, or at the Premises or Concession Facilities, in ways inconsistent with the City's ordinances and State Laws. e) OPERATOR shall not engage in an y business or to sell any commodity upon, in, or around the Premises or Food Service Facilities other than as expressly set out in this Agreement.
5.12 Prices and Fees.
5.12.1. Goods and Services . OPERATOR shall at all times maintain a complete list or schedule of the prices charged for all food and beverage supplied to the public on or from 29 the Premises. Such list or schedule of prices shall be provided to the City Manager with the Annual Plan. The prices shall be fair and reasonable based on the followin g considerations: that the operation of the Premises is intended to serve the needs of the public for the goods and services, supplied at a fair and reasonable cost; that the prices charged should be comparable to prices charged for similar goods and servi ces in the general area; and that the margin of profit should be reasonable considering the cost of providing the goods and services in compliance with the obligations of this Agreement. If the City Manager notifies OPERATOR that the prices being charged are not fair and reasonable, OPERATOR shall have the right to confer with the City Manager and justify such prices. Following reasonable conference and consultation thereon, OPERATOR shall make such price adjustments as may be ordered by the City Manager; provided, however, that in no event shall OPERATOR be required to price any item below its wholesale cost.
5.12.2. Green and Driving Range Fees: Golf Cart and Equipment Fees . CITY hereby reserves the right to establish any and all fees charged by OPERATOR; including but not limited to: the green fee, annual fee, driving range fee, and lesson fee schedule for the Premises. Further, CITY hereby reserves the right to establish the golf cart rental fees and other equipment rental fees that may be charged by OPER ATOR. No changes in any fees, which include but are not limited to, green fees, driving range fees, lesson fees, golf cart rental fees, or golf equipment rental fees may be made by OPERATOR without the advance written consent of CITY in CITY's sole and absolute discretion.
If OPERATOR desires changes to the green fees, driving range fees and/or golf cart rental fees beyond any automatic increases that may be in place, OPERATOR shall submit, preferably with the Annual Plan a written request and analysis of f ees charged by comparable public golf courses in Northern California. Upon City Manager concurrence with the fee adjustment, the proposal shall be submitted to the City Council. OPERATOR shall post notices of the proposed fee adjustment at prominent locati ons in the Clubhouse, which notices shall include information concerning the time and place of the City Council meeting at which CITY intends to consider the fee increase.
5.12.3 Complimentary Golf and Third Party Marketers . The use of complimentary golf may also be used at the discretion of OPERATOR to promote and increase business (revenue), and to provide for customary privileges for PGA, GCSA, LPGA members, and course employees and volunteers, on a space available basis. CITY acknowledges and agrees that the OPERATOR may trade tee times with third party marketers to increase distribution and the sale of tee times. In return for the distribution and marketing of tee times, OPERATOR may trade tee times at a rate which is consistent with other similar golf courses in the area.
5.13 Meetings. Representatives of OPERATOR and City Manager shall meet at such other times as may be required by CITY to review OPERATOR’s performance under this Agreement, review 30 the monthly financial reports submitted by OPERATOR in accordance with Section 3.06, and discuss any problems or matters as determined by CITY or OPERATOR.
5.14 Hazardous Materials.
5.14.1 Definition of Hazardous Materials. Hazardous Materials shall mean: a) petroleum; b) asbestos; c) polychlorinated biphenyls ; d) radioactive materials; e) any and all substances, products, by-products, waste or other materials of any nature or kind which is or becomes listed, regulated or addressed by any federal, state or local laws, statutes, ordinances, regulations, resoluti ons, decrees, rules, regulations, directives, orders, guidelines or court decisions (collectively "Environmental Laws"); f) any materials, substances, products, by - products, waste or other materials of any nature or kind whatsoever whose presence in and o f itself or in combination with other materials, substances, products, by-products or waste give rise to liability under any Environmental Law or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolu te liability or under any reported decision of the state or federal court.
5.14.2 Use and Storage of Hazardous Materials Prohibited . The use and storage of any Hazardous Materials on the Premises are prohibited except as follows.
A. OPERATOR may park and use vehicles and equipment on the Premises in connection with Golf Course activities under this Agreement, which vehicles may contain gasoline, petroleum products, diesel fuel, and oil of those kinds and quantities normally contained in such vehicles and equipment. OPERATOR shall ensure that employees are trained and knowledgeable about best management practices for operating and maintaining such vehicles and equipment to prevent any Hazardous Materials release and how to handle any such accidental release.
B. OPERATOR may use and store fertilizers, herbicides, fungicides and pesticides on the Golf Course in a manner consistent with the Golf Course Maintenance Standards attached as Exhibit C and Section 4.07 and Environmental Laws. Biocides, defoliants, chemical fertilizers, pesticides, herbicides, fungicides or other agri - chemicals shall be stored in the Maintenance Building or other appropriate structure on the Golf Course. OPERATOR shall ensure that employees are trained and knowledgeable about best manag ement practices for using fertilizers, herbicides and pesticides to prevent any Hazardous Materials release and how to handle any such accidental release.
5.14.3 OPERATOR'S Responsibility. OPERATOR shall be responsible for clean up, removal and disposal of Hazardous Materials released on the Premises or any Hazardous Materials release caused or exacerbated by OPERATOR'S activities, including but not limited to a release of gasoline, petroleum products, diesel fuel or oil from vehicles 31 or equipment parked or used on the Golf Course in connection with OPERATOR'S activities, or releases of fertilizers, herbicides, fungicides or pesticides into the sewage or storm drain systems or into groundwater or onto any natural or man -made surface waters arising out of OPERATOR'S operation and maintenance of the Golf Course. OPERATOR shall immediately notify City Manager and all other applicable regulatory agencies of any Hazardous Materials release. OPERATOR shall timely comply with all requirements of regulatory agencies. If OPERATOR does not promptly commence and diligently pursue any required investigation, remediation or clean-up activities, CITY, in its discretion and in addition to any other rights or remedies that the CITY may have, may perform the investigation, remediation or clean-up activities. If the OPERATOR caused or exacerbated the need for the cleanup, removal and disposal of Hazardous Materials, OPERATOR shall reimburse CITY within five (5) days of CITY'S demand for payment or CITY may deduct the amount from any amounts owing OPERATOR; otherwise such costs shall be reimbursed by City. If the Golf Course or a portion of it is closed in order to investigate, remediate or clean -up a Hazardous Materials release, the City Manager may require the cessation of some or all activities on the Golf Course.
5.14.4 Indemnification for Hazardous Materials . OPERATOR shall indemnify, hold harmless and defend CITY, its officers, officials, employees, volunteers and agents from all loss, damage, liability and expense resulting from th e presence, use or release of Hazardous Materials by the OPERATOR or arising from Golf Course operations pursuant to the provisions of Section 11.04 of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agree ment and are limited to the insurance coverage limits stated in this Agreement.
6.1 CAPITAL IMPROVEMENTS.
6.01 Capital Improvement Funds. Subject to the availability of funds in CITY'S Bank Account, as determined by CITY, and at CITY'S sole discretion, CITY may e stablish and maintain a separate reserve account for golf course Capital Improvements and these Capital Improvement Funds shall be used for the purposes described in this Agreement. OPERATOR and CITY hereby acknowledge and agree that the Capital Improvement Funds shall belong to CITY, and CITY shall have complete control over the Capital Improvement Funds.
6.02 Improvements. Except in the event of an emergency threatening imminent injury to persons or damage to property, OPERATOR shall make no improvements, additions, alterations or changes to the Golf Course ("Improvements") which would meet the definition of Capital Expenditure in Section 1.05, unless OPERATOR: (i) obtains the prior written approval of the City Manager, which approval may be granted or with held in the sole and absolute discretion of the City Manager; (ii) complies with such terms and conditions as may be imposed by the City Manager; (iii) secures all applicable licenses, permits and other governmental approvals for 32 the Improvements; and (iv) causes the Improvements to be designed and constructed so as to be consistent with the architecture and design of the currently -existing Golf Course, unless otherwise specifically approved by the City Manager in writing.
6.03 Capital Improvement Plans . Durin g the Term of this Agreement, OPERATOR shall submit on or before February 1 of each year, a "Preliminary Capital Improvement Plan" and on or before March 15 of each year, a "Final Capital Improvement Plan" which shall include OPERATOR'S recommendation of C apital Improvement projects for the next Operating Year and the estimated costs of such Capital Improvement projects.
6.04 Capital Improvement Expenditures . Capital Expenditures are expenditures for improvements to existing Facilities or construction of new F acilities, which improvements or construction cost are in excess of Seven Thousand Five Hundred Dollars (S7,500.00), or whatever amount may be established in the future and have a useful life of more than one (1) year.
A. All Capital Expenditures are in the CITY's sole control and discretion, and all costs and expenses of Capital Expenditures shall be paid from CITY funds. OPERATOR shall not make any Capital Expenditure prior to obtaining the written approval of City Manager, in his or her sole and absolute d iscretion. Capital Expenditures shall not be included in any category of the Direct Cost budget, unless expressly approved by City Manager in writing.
B. Except in the event of an emergency threatening imminent injury to persons or damage to property, the pa rties acknowledge and agree that this Agreement imposes no responsibilities or obligations on the part of OPERATOR with respect to any aspect of a Capital Expenditure project, including design, construction, or supervision. In the event City desires OPERAT OR to be involved in any capacity in a Capital Expenditure project, the parties will enter into a separate agreement setting forth the terms and conditions of such involvement, including without limitation fees to be received by OPERATOR for such involvement.
7.1 APPROVALS.
7.01 Standard for Approvals . Except as otherwise provided in this Agreement, and, specifically, where this Agreement expressly provides that an approval or determination is within the sole and absolute discretion of City Manager, in which case this paragraph shall not apply, a consent or approval referred to herein of either party shall not be unreasonably withheld or conditioned. In the event that either party refuses to give its consent or approval to any request by the other, such refusing party shall indicate by written notice to the other the reason for such refusal 33 unless this Agreement permits the consent or approval to be withheld without cause or in the sole discretion of either party.
7.02 Other CITY Approvals . Neither CITY's execution of this Agreement nor any consent or approval given by CITY hereunder in its capacity as a party to this Agreement shall waive, abridge, impair or otherwise affect CITY's power and duties as a governmental body.
Any requirements under this Agreement that OPERATOR obtain consents for approvals of CITY are in addition to and not in lieu of any requirements of law that OPERATOR obtain approvals or permits. However, CITY shall use its best efforts to coordinate its procedures for giving contractual and governmental approvals so that OPERATOR 'S requests and applications are not unreasonably denied or delayed.
8.1 PAYMENT TO OPERATOR.
Certain costs of operating and maintaining the Golf Course ("Direct Costs," as more particularly defined in Section 8.01.1) shall be paid by OPERATOR from the Gross Revenues received and deposited in the Bank Account. The Gross Revenues are the property of CITY.
8.1 Definitions.
8.01.1. Direct Costs. The use of the word "reasonable" in this subsection is meant to limit the costs to those that are similar to the costs of operating a public golf course of a similar nature and size in the Northern California area. Direct Costs shall be those reasonable costs which are directly related to the operation and maintenance of the Premises and which are established by the Direct Costs Budget, including the following:
a) Employee salaries.
b) Employee benefits including, but not limited to, vacation, sick leave, health insurance, disability insurance, workers compensation insurance and retirement benefits, c) Purchase, lease and/or rental of equipment necessary for the operation of the Premises. If City Manager determines that purchasing any item of equipment would be more cost-effective, then the annual Direct Cost associated with that equipment shall be OPERATOR’s actual cost, provided City Manager gives advance written approval of the amount of such cost, in City Manager's sole and absolute discretion.
d) Repair and maintenance of golf carts, irrigation systems and other equipment used solely in the operation of the Premises. e) Fuel, oil and lubricants.
f) Fertilizers, pesticides, chemicals and grounds maintenance supplies as described in Section 4.07.2 of this Agreement.
g) Uniforms, laundry and linens.
34 h) Operating supplies, office supplies, cleaning supplies and other miscellaneous supplies.
i) Audit expenses.
j) Advertising and marketing expenses,
k) Mileage reimbursement,
l) Training expenses,
m) Telephone, postage and freight,
n) Fees for permits and licenses.
o) Utilities, including natural gas, water, electric power, telephones, propane, garbage and trash collection.
p) Insurance premiums for the insurance coverage required by this Agreement. q) Accounting and administrative services.
r) Parking lot maintenance expenses.
s) Cost of Resale Inventory.
t) Lesson Expenses as defined in Section 8.01.4.
u) Taxes and assessments arising out of OPERATOR'S operations at the Golf Course, including, without limitation, sales tax, possessory interest taxes, if any, and personal property taxes, but only to the extent attributable to equipment and other items of personal property used exclusively at the Golf Course.
v) Professional dues associations
w) Professional and Consulting services approved by CITY as follows: (i) Any services provided by a law firm or attorney must be reviewed and approv ed in writing in advance by the City Manager; and (ii) Any /other consulting and professional services must be reviewed and approved in writing in advance by the City Manager.
8.01.2. Direct Cost Budget. The Direct Cost Budget is the total sum budgeted annually for Direct Costs pursuant to Section 8.02 of this Agreement. OPERATOR is responsible for monitoring adherence to the Direct Cost Budget.
8.01.3. Excluded Costs . The following costs are not considered Direct Costs, shall not be reimbursed and shall not be included in the Direct Cost Budget:
a) Any penalties or fines imposed by any governmental agency as the result of negligence or willful misconduct of the OPERATOR.
b) Expense of OPERATOR'S corporate office not related to golf course operations, including Employee salaries or any Compensation of any corporate employee or officer of OPERATOR.
8.01.4. Lesson Expenses . All payment for lessons shall be run through the Pro Shop cash register and Lesson Expenses are defined as, and limited to, that portion of golf lesson fees 35 that are paid to golf instructors. The portion of the golf lesson fees that may be paid to the golf instructors shall not exceed 80% of the golf lesson fees.
8.02 Direct Cost Budget.
8.02.1 Direct Cost Budget. OPERATOR shall submit to the CITY a Direct Cost Budget as part of the Annual Plan.
8.02.2. No Incentives or Disincentives. OPERATOR shall not be entitled to any portion of the savings if the level of Direct Costs is less than the Direct Cost Budget during an Operating Year, nor shall OPERATOR be required to pay any portion of cost overruns if the level of Direct Costs is more than the Direct Cost Budget during an Operating Year, unless required approvals were not obtained.
8.02.3. Termination for Direct Cost Overruns . If the Direct Costs overruns in any Operating Year are more than 10% of the Direct Cost Budget and the Direct costs overruns have not been approved by the City Council, CITY may terminate this Agreement pursuant to the provisions of Article 13 of this Agreement. CITY shall act reasonably in exercising its rights under this Section and shall take into account the extent to which (a) such cost overruns result from causes beyond OPERATOR'S reasonable control, (b) OPERATOR has given CITY written notice of the event(s) causing such cost overruns, and (c) whether such cost overruns are the result of a Force Majeure event.
9.1 FINANCIAL AND ACCOUNTING PROCEDURES.
9.01 Bank Account . CITY will establish and maintain a bank account in CITY'S name at a bank of CITY'S choosing (the "Bank Account") for the purposes of accepting d aily deposits of the Gross Revenues. The funds in the Bank Account, and all interest thereon, are the property of CITY. The OPERATOR shall pay the Operating Costs of operation of the Golf Course using the check-writing privileges and direct debit services associated with the bank account; provided that such expenses are included in the approved Operating Cost Budget and provided further that the CITY shall have the right, in its sole discretion, to approve the person or persons who shall have the authority to sign checks for OPERATOR. All checks will require the signatures of any two of the following four persons: (1) the Vallejo Golf Club General Manager, (2) Vallejo Golf Club president; (3) Vallejo Golf club vice president; or (4) Executive Assistant of OP ERATOR.
The above persons will each be covered by a fidelity bond, with OPERATOR and CITY named dual obligees, as approved by CITY. CITY shall provide OPERATOR duplicate copies of all bank statements by the tenth (10th) day of the month.
9.02 Deposits. Cash o n hand for register tills, petty cash, and the change bank shall not exceed $5,000, and shall be deposited in the on-site safe nightly. Daily deposits shall be reconciled 36 to the Point of Sale daily transaction reports on a daily basis. The consolidated Poi nt of Sale daily transaction reports will be made available to City Manager as requested. CITY will arrange for armored car pick-up service on a regularly scheduled basis. OPERATOR shall be responsible for having all deposits prepared and ready for the sch eduled armored car pick -up at the assigned time. Net revenue overages are deemed revenue at the end of the Operating Year.
OPERATOR shall be responsible for any revenue shortfalls from daily operations exceeding $500 at the end of the Operating Year net of any revenue overages. OPERATOR shall be responsible for any returned checks/credit cards, unless OPERATOR shows that it followed proper protocols in accepting the check, e.g. checking for identification.
9.03 Payment of Direct Costs. OPERATOR shall pay all budgeted Direct Costs (or other costs as approved in advance by City Manager) from the Bank Account. Payment of all legitimate claims shall be made in a timely manner. OPERATOR shall submit to City Manager a monthly report detailing Direct Costs paid in the prior month pursuant to Section 3.06.1 of this Agreement.
9.04 Check Limit. No payment for more than $ 15,000 shall be made from the Bank Account by OPERATOR without the express consent of the City Manager except for the bi -weekly payroll expense. The OPERATOR or OPERATOR'S payroll provider may debit the Bank Account for the bi-weekly payroll expense.
9.05 Working Capital . Upon execution of this Management Agreement, CITY shall deposit Two Hundred Thousand Dollars ($200,000) into the Bank Account establish ed by CITY so as to provide the OPERATOR with sufficient working capital. If the Bank Account is depleted, or is determined to be insufficient to pay the expenses of the Golf Course, CITY and OPERATOR agree to meet and confer within two business days from the date CITY is given notice by OPERATOR of the deficiency. At that time, both parties agree to address the need and/or reasons for the deficiency and to resolve any outstanding related issues.
OPERATOR acknowledges that any additional monies needed but n ot previously budgeted will be subject to the CITY'S internal approval process. OPERATOR shall be responsible for the payment of those Golf Course Expenses identified in Section 8.01.1 as incurred in accordance with the monthly operating budgets set forth in the approved Annual Plan.
9.06 Financial Reports . The OPERATOR shall cause to be prepared such additional financial reports concerning the Golf Course, as the CITY may reasonably request.
9.07 Cash Registers . All financial transactions shall be run through a p oint of sale ("POS") system. POS system registers shall display to die customer the amount of each transaction and shall be equipped with dual tape, which provides a receipt to the customer and a record of each transaction including transaction number and sales detail. Each POS system register shall 37 lock in sales totals and transaction records and use counters that cannot be reset. OPERATOR shall record POS system readings at the beginning of each day.
10.0 BUSINESS RECORDS.
10.01 Types of Records. OPERATOR shall maintain a method of accounting that complies with generally accepted accounting principles for all the revenues and expenses (including without limitation, Gross Revenues, CITY -Assessed Fees and Direct Costs) in connection with the operation of the Premises. OPERATOR shall establish and implement adequate internal controls for the operation of the Golf Course. The accounting, books and records for the operation of the Golf Course shall be separate from the accounting, books and records for any other business operated or managed by OPERATOR. Such accounting, books and records shall include the keeping of at least the following documents:
a) Regular books of account such as general ledgers showing fixed assets and equipment inventory;
b) Journals, including, without limitation, any supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc.; c) Cash register tapes that will enable identification of day-to-day sales; and
d) Any other accounting, books and records fo r the operation of die Golf Course that CITY, in its sole discretion, deems necessary or appropriate for proper reporting of Gross Revenues and Direct Cost disbursements;
e) OPERATOR shall maintain a computerized records system, showing all information on th e number and types of rounds of golf played and the corresponding revenues and fee categories, customer addresses and associated data, resident versus non-resident status, and the cost per round; and
f) Logs or reports showing the dates and times of golf pla y, lessons, and driving range activities must be maintained and available at the site for inspection by CITY at any time. OPERATOR shall maintain and keep available documentation sufficient to facilitate an audit of all revenues.
10.02 Audit of Records . All do cuments, books and accounting and financial records kept by OPERATOR pursuant to this Article 10, and relating in any manner to the Premises, shall be open for inspection by CITY at any reasonable time during the term of this Agreement.
In addition, CITY o r its authorized representatives may, from time to time, conduct an audit of the books of the operation of the Premises and observe the operation of the business. CITY 38 shall use reasonable efforts to minimize the interruption to the normal operation of the Premises during any inspection or audit performed pursuant to the provisions of this Section.
All documents, books and account and financial records kept by OPERATOR and all other records associated with the operation of the Golf Course are the property o f the CITY and shall be returned to CITY pursuant to the provisions of Section 14.02 (d).
10.03 Annual Financial Statements . CITY shall conduct an annual audit and cause audited financial statements for the operation of the Premises to be issued, including an independent auditor's report and the audit management letter to CITY within ninety (90) days after the end of each Operating Year. OPERATOR shall cooperate with CITY in the conduct of the audit. The audit shall be performed by an independent certified publ ic accountant selected by CITY, and the cost of the audit shall be included as a Direct Cost.
10.04 Public Records . OPERATOR acknowledges and agrees that under the Vallejo Sunshine Ordinance (Vallejo Municipal Code chapter 2..08) and the California Public Reco rds Act (Government Code section 6250 et seq.), this Agreement and any and all records, information and materials submitted to the CITY, including but not limited to information obtained in connection with CITY'S inspections of OPERATOR 'S records or audit are public records subject to public inspection and/or reproduction. OPERATOR shall cooperate with the CITY with all inspection and disclosure requirements of the Act. OPERATOR acknowledges that its failure to comply with any of the provisions of this sect ion shall constitute a material breach of this Agreement. OPERATOR further acknowledges that such material breach of this Agreement may be grounds for termination of this Agreement.
10.05 Separate Accounting bv Course . OPERATOR conducts business operations at more than one of the CITY'S golf courses, and shall maintain a separate set of accounts that reflect the financial condition and results of operations with respect to the operations of each of the golf courses and business segments (e.g., driving range, ca fe). City understands and agrees that OPERATOR will make certain allocations of expenses which are applicable to the East Course and West Course, said allocations being OPERATOR'S best estimate.
11.1 INSURANCE AND INDEMNIFICATION
11.01 Insurance Policies. During the term of this Agreement, OPERATOR shall maintain in full force and effect, as a Direct Cost, the following minimum insurance coverage:
11.01.1 General Liability and Automobile Liability Insurance. OPERATOR shall take out and maintain, through the term of this Agreement, the following policies of insurance placed with insurers authorized to do business in California, with a current A.M. Best's rating of no less than A: VII or its equivalent, against injury/death to persons or damage to property:
39 a) Commercial General Liability Insurance on an occurrence basis, at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), with $1,000,000 per occurrence a nd $2,000,000 aggregate limit. The policy shall be endorsed for dram shop or liquor liability.
b) Automobile Liability Insurance with coverage at least as broad as Insurance Services Office form CA 0001, Code 1 (any auto), for vehicles used in the performance of this Agreement with limits of not less than $1,000,000 per accident combined single limit (CSL).
c) The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the OPERATOR; products and completed operations of the OPERATOR; premises owned, occupied or used by the OPERATOR; or automobiles owned, leased, hired or borrowed by the OPERATOR.
ii. The OPERATOR 'S insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the OPERATOR'S insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. iv. The OPERATOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d) OPERATOR shall either require each subcontractor, licensee, concessionaire or tenant providing services under this Agreement to procure and to maintain Commercial General Liability and Automobile Liability Insurance in the amounts specified in Subsections (a) and (b), above, or shall insure the activities of subcontractors in the policies specified therein.
11.01.2 Workers' Compensation Insurance . During the term of this agreement, OPERATOR shall secure payment of statutory Workers' Compensation benefits to OPERATOR'S employees at the G olf Course in accordance with the Labor Code of the State of California and Employers Liability Insurance in an amount not less than $ 1,000,000 per accident, disease or injury, and an endorsement for waiver of subrogation, and shall sign and file with CIT Y the following certification, or a copy of the Workers' Compensation Insurance Certificate, prior to commencing any work under this Agreement:
40 "The undersigned is aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete workers compensation insurance, and shall furnish a certificate of insurance to City prior to the commencement of the term of the Agreement."
OPERATOR shall no t commence the performance of any services under this Agreement until CITY is provided with a certificate of insurance issued by an insurance company licensed to write Worker's Compensation Insurance in the State of California. Such certificate shall evidence workers' compensation insurance meeting all statutory requirements of the State of California and employer's liability insurance. The certificate of insurance shall include the name of the carrier and the expiration date of the insurance.
OPERATOR shal l ensure that all of the employees of any subcontractor, licensee, concessionaire or tenant providing services under this Agreement are similarly covered by workers' compensation and employer's liability insurance.
CITY shall not be responsible for any cla ims in law or equity occasioned by the failure of OPERATOR to comply with this Section 11.01.2 or with the provisions of California law related to workers compensation insurance.
11.01.3 Commercial Crime Insurance. OPERATOR shall obtain and keep in full force and effect during the term of this Agreement a commercial crime policy which includes, without limitation, a blanket bond for all employee dishonesty in the amount of $1,000,000; coverage for theft, disappearance and destruction of monies and securities in or on the Premises or outside the Premises in an amount not less than $35,000; and depositor's forgery in the amount of $250,000.
11.01.4 Certificates of Insurance. OPERATOR shall complete and file with the City's Risk Analyst, within fifteen (15) days of its executi on of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance and endorsements evidencing the coverage's specified above, which shall provide that no cancellation, change in coverage or nonr enewal by the insurance company(s) will be made during the term of this Agreement, without thirty (30) days' prior written notice to CITY. All certificates shall be signed by a person authorized by the insurance company to bind coverage on its behalf. Neit her the procuring of insurance by OPERATOR nor the delivery by OPERATOR to CITY of certificates of insurance evidencing such coverages shall be construed as a limitation of OPERATOR’s indemnity obligations under Section 11.04 of this Agreement.
11.01.5 Inspection of Policies: Chance in Coverage Amounts . OPERATOR shall permit CITY, at all reasonable times, to inspect any policies of insurance of OPERATOR covering risks upon the Premises. CITY reserves the right to change the coverage limits of the 41 insurance policies set forth above as CITY may deem advisable, in CITY's sole and absolute discretion; provided that CITY shall increase the applicable Direct Cost Budget(s) reasonably to account for any increase in insurance premiums.
11.01.6 Deductibles. OPERATOR shall disclose a ll deductibles to City and obtain City's written consent for any deductible amount.
11.02 Waiver of Subrogation . OPERATOR shall not assert against the CITY and waives any claims and rights of recovery for any losses, damages, liability or expenses (including attorneys' fees) incurred or sustained on account of injury to persons or damage to property arising out of its operation and maintenance of the Golf Course to the extent that the same are covered by the insurance required under this Article 11.01. OPERATOR hereby grants on behalf of any insurance company providing insurance covering the Golf Course a waiver of any right of subrogation which any insurer or party may acquire by virtue of payment of any loss under any insurance policy. OPERATOR shall give notic e to the insurance companies providing insurance under this Agreement of the waiver of subrogation contained in this Section 11.02.
11.03 Umbrella Policy . Notwithstanding any provision of this Article 11.0 to the contrary, OPERATOR'S obligation to provide for insurance may be brought within the coverage of so -called "umbrella" or "blanket" policy or policies of insurance carried and maintained by OPERATOR, provided that: (i) CITY, OPERATOR and such other persons as CITY may specify from time to time are named a s additional insureds, to the extent their interests appear; (ii) the coverage afforded CITY and the other persons will not be reduced or diminished by reason of the use of such umbrella or blanket policy; and (iii) the other insurance requirements as set forth in Article 11.0 are satisfied. In such case, an allocable portion of the premiums for such umbrella policies of insurance shall be considered a Direct Cost.
11.04 Indemnification and Hold Harmless . OPERATOR shall fully defend, indemnify and hold harmless CITY and its elective and appointive boards, commissions, officers, agents, and employees, from and against any and all damages, liabilities, claims, costs or expenses, including but not limited to reasonable attorneys' fees and costs, for economic damage to third parties, property damage or bodily injury, including but not limited to death:
a) which result from any act or omission by OPERATOR or any officer, director, employee or subcontractor of OPERATOR in connection with OPERATOR'S performance under this Agreement for operation of the Golf Course;
b) which result from any action taken by OPERATOR relating to the Golf Course (i) that is prohibited by this Agreement, or (ii) that is not within the scope of OPERATOR'S duties under this Agreement, or (iii) that is not within OPERATOR'S delegated authority under this Agreement;
42 c) which result from OPERATOR'S violation of Insurance Requirements or Legal Requirements; or
d) which CITY, by reason of any alleged breach of a "non -delegable duty," is subject to, because of t he OPERATOR'S violation of any national, state or local law, regulation or order which pertains to providing safe working conditions for OPERATOR'S employees, or because of OPERATOR'S failure to provide safe working conditions for OPERATOR'S employees.
This section shall not apply to damages, liabilities, claims, costs or expenses that arise out of CITY'S sole negligence or willful misconduct. The provisions of this Section shall survive the expiration or termination of this Agreement and are limited to the insurance coverage limits stated in this Agreement.
11.05 Fines. OPERATOR shall report any complaint, notice of violation or any similar type action by any administrative or regulatory bodies filed against or served on OPERATOR within twenty four (24) hours o f receipt. OPERATOR shall obtain the approval of the City Manager prior to the payment of any fine levied on OPERATOR. Upon approval of payment by the City Manager the fine shall be considered a Direct Cost. If the City Manager does not approve the payment of the fine, then City may terminate this Agreement pursuant to Section 13 of this Agreement.
11.06 Handling of Claims. OPERATOR shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability, and expenses (including without limitation personal injury and property damage claims) ("Claims") arising out of the operation and management of the Golf Course, whether or not such Claims are covered by the insurance required under this Article 11.0. Handling such Claims shall i nclude without limitation responding to such Claims, investigating such Claims, retaining legal counsel to defend such Claims, settling such Claims, and paying any losses, damages and expenses relating to such Claims or overseeing the insurance carrier's activities in this regard. OPERATOR shall notify City of any claims exceeding $5,000 or any settlements that the OPERATOR intends to classify as a Direct Cost. City shall have the right to approve any legal counsel retained by OPERATOR to defend the City, and to approve all legal bills incurred in such defense. In the event of disagreement on legal counsel to be retained, City may designate legal counsel to be retained. OPERATOR shall use its best efforts to notify CITY of any claims or lawsuits relating to the Golf Course within three (3) days after OPERATOR receives notice of such claims or lawsuits, but in no event shall such notice be provided more than five (5) days after OPERATOR receives notice.
12.1 DEFAULT
12.01 OPERATOR'S and CITY'S Default. The breach of any provision of this Agreement, the failure to keep, observe or perform any covenant including, without limitation, the occurrence of any one or more of the following events shall constitute a 43 default and breach of this Agreement by OPERATOR, which will allow CITY to terminate the Agreement:
a) OPERATOR'S abandonment or vacation of the Premises;
b) OPERATOR'S failure promptly and fully to perform any other covenant, condition or agreement contained in this Agreement where such failure continues for thirty (30) days after written notice from CITY to OPERATOR or, in the event that any such failure is of a nature such that it cannot be remedied within thirty (30) days, OPERATOR'S failure immediately to commence and thereafter continuously to pursue to completion a remedy of such failure;
c) The levy of a writ of attachment or execution on this Agreement or on any of the property of OPERATOR located in or on the Premises and such levy or execution is not stayed prior to the enforcement of such writ of attachment or execution; d) An event of bankruptcy or insolvency including but not limited to:
(i) OPERATOR applies for or consents to the appointment of a receiver, trustee or liquidator of OPERATOR or of all or a substantial part of its assets; (ii) OPERATOR files a voluntary petition for bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) OPERATOR files an answer admitting the material allegations of a bankruptcy petition, reorganization proceeding, or insolvency proceeding filed against OPERATOR; (iv) OPERATOR states in writing its inability to pay its debts as they come due; (v) OPERATOR makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating OPERATOR as bankrupt or insolvent or approving a petition seeking reorganization of OPERATOR or appointing a receiver, trustee or liquidator of OPERATOR or of all or a substantial part of OPERATOR'S assets, and such order, judgment or decree continues unstayed and in effect for any period of thirty (30) consecutive days;
e) If OPERATOR fails to file any reports required by this Agreement within thirty (30) days of their due date;
CITY'S breach of any provision of this Agreement, or its failure to keep, observe or perform any material covenant, shall constitute a default and breach of this Agreement by CITY.
12.02 Curing Default. Except as otherwise expressly stated in this Agreement, the party that the other party believes is in default ("the defaulting party") shall have thirty (30) days after receipt of written notice from the non -defaulting party or the specific time permitted under this Agreement to cure any default under any other covenant, condition or agreement contained in this Agreement.
Notwithstanding the foregoing, OPERATOR shall be in default under this Agreement, with or 44 without written notice from CITY, in the event OPERATOR abandons or vacates the Premises for any period exceeding twenty-four (24) hours.
12.03 Remedies.
12.03.1. CITY'S Ability to do the Work at OPERATOR'S Expense . In the event of OPERATOR'S default as described in Section 12.01 and OPERATOR fails to cure the default by the date specified, CITY may elect to undertake the work that Operator has failed to do or any work necessary or appropriate to diligently maintain the Premises. Should CITY elect to undertake such work, it shall serve OPERATOR written notice of its intent to enter the Premises and the exact nature of the work or correction it intends to perform. OPERATOR may void the notice and CITY'S right to enter and perform the work by promptly performing the work set forth in the CITY'S notice. The performance of the foregoing work by CITY shall be included as a Direct Cost.
12.03.2. Termination of the Agreement. In the event the defaulting party fails to cure any default of this Agreement within the applicable cure period, the non -defaulting party may terminate this Agreement upon ten (10) days' written notice to the defaulting party.
If CITY terminates this Agreement pursuant to this Section 12.03.2 CITY shall have the following rights:
a) to collect from OPERATOR any and all monies owing CITY under this Agreement;
b) to take sole possession of the Bank Account;
c) to take sole possession of all equipment and materials; and d) to take sole possession of the Premises; and
e) to pursue any and all other appropriate civil and criminal remedies.
If OPERATOR terminates this Agreement pursuant to this Section 12.03.2, it may pursue any and all appropriate civil remedies including collecting from CITY all monies the CITY owes OPERATOR.
12.03.3. Remedies Cumulative . Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity.
12.04 Effect of Termination . The termination of this Agreement under the provisions of this Article 12 shall not affect the right s of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either 45 party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination.
13.1 TERMINATION
13.01 City Right to Terminate . The CITY has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving a thirty (30) day notice to OPERATOR. Upon receipt of a notice of termination, OPERATOR shall perform no further work except as specified in the notice. Before the date of termination, OPERATOR shall deliver to CITY all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
13.02 City Rights Upon Termination . If CITY terminates this Agreement pursuant to this Section 13.01 CITY shall have the following rights:
a) to collect from OPERATOR any and all monies owing CITY under this Agreement;
b) to take sole possession of the Bank Account;
c) to take sole possession of all equipment and materials; and
d) to take sole possession of the Premises; and
e) to pursue any and all other appropriate civil and criminal remedies.
13.03 Effect of Termination . The termination of this Agreement under the provisions of this Article shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination.
14.0 TRANSITION PROCEDURES
14.01 Contract Transition Period. The "Contract Transition Period" shall mean: (i) the two (2) month period immediately prior to expiration of the term; (ii) the period from the date CITY gives notice of default under Section 12.02 until the date of termination; or ( iii) the period from the date the CITY gives notice of cancellation until the date of termination.
14.02 Contract Transition Procedures. During the Contract Transition Period:
46 a) OPERATOR shall allow CITY and others to interview and discuss employment opportunities with OPERATOR'S employees.
b) OPERATOR and CITY shall refrain from coercing, threatening or harassing any employee who expresses interest in being employed by CITY, OPERATOR or other party after the Agreement has expired, or has been terminated or cancelled. c) OPERATOR and CITY shall cooperate in good faith on post-contract support services, data management, inventory control, transfer of employees and other issues necessary and appropriate to ensure smooth transition of operating respon sibilities from one party to another.
Nothing in this paragraph shall be construed to require CITY to hire additional personnel or spend additional monies.
d) OPERATOR shall deliver to CITY all documents, books, and accounting and financial records kept by OP ERATOR pursuant to Article 10, records and information related to tournaments, banquets and other events booked at the Golf Course for the Contract Transition Period or any time thereafter and any other document or record pertaining to the Golf Course. e) OPERATOR shall deliver to CITY current copies of all contracts, permits and licenses affecting Golf Course operations, including without limitation, leases for golf carts and other Golf Course equipment.
f) OPERATOR shall transfer possession of the Premises, Fac ilities, Furnishings and Equipment, supplies, software, databases, books, records and materials purchased, prepared or maintained under this Agreement to the new operator or CITY, as CITY shall direct.
g) OPERATOR shall transfer all keys, convey all alarm an d safe codes and vacate the Premises.
h) OPERATOR shall assign to CITY and CITY shall assume OPERATOR'S obligations under any loans and leases incurred or entered into by OPERATOR with respect to Furnishings and Equipment or supplies then in use at die Golf Course, provided that die following conditions are met unless waived by the CITY: (i) OPERATOR shall have delivered to CITY written documentation acceptable to CITY showing that OPERATOR has fully performed its obligations under such loans and leases through the date CITY assumes such obligations, and (ii) with respect to any agreements in excess of one year or whose term extended beyond the expiration date of this Agreement, CITY shall have given its written approval to the agreement.
15.1 WORK STOPPAGES, DAMAGE OR DESTRUCTION
15.01 Work Stoppages. In the event concerted activities by labor groups (e.g., picketing, strikes, etc.) result in OPERATOR'S employees not entering and working at the Premises, OPERATOR 47 shall, if City Manager so requests in writing, seek appropriate administrative or court orders to return operations to normal. During such period, OPERATOR shall operate the Premises on a best efforts basis until labor relations are normalized. If and only if City Manager gives OPERATOR a written request to seek administrative or court orders will the cost of doing so be a Direct Cost.
15.02 Damage or Destruction . Should the Golf Course be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, CITY, by written notice to OPERATOR, shall have the right to cancel this Agreement pursuant to Article 13 on the basis that CITY does not choose to rebuild or restore the Golf Course, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such cancellation. For the purpose of this Section 15.02, the Golf Course shall be deemed to have been substantially damaged if the estimated length of tim e required to restore the Golf Course substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months. If this Agreement is not cancelled in the event of damage to the Golf Course either becau se (a) the damage does not amount to substantial damage as described above, or (b) the CITY elects, in its sole and absolute discretion, to restore the Golf Course, then CITY may proceed, at CITY's own expense, to commence and complete restoration of the G olf Course to its condition and character just prior to the occurrence of such casualty. If as a result of any damage or destruction to the Golf Course as provided in this Section 15.02, the responsibilities of OPERATOR under this Agreement are substantial ly changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement. Any insurance proceeds made available after such damage or destruction shall be payable to CITY.
15.03 Eminent Domain. If all of the Golf Course shall be taken through the exercise of the power of eminent domain, or by agreement in lieu of the exercise of eminent domain, then upon the date that CITY shall be required to surrender possession of the Golf Course, this Agreement shall terminate and neither party shall have any Anther obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. Likewise, if such a substantial portion of the Gol f Course is taken through the exercise of eminent domain, or an agreement in lieu of the exercise of eminent domain, so to make it unfeasible, in the reasonable opinion of CITY, to restore and continue to operate the remaining portion of the Golf Course fo r the purposes contemplated in this Agreement, then upon the date that CITY shall be required to surrender a substantial portion of the Golf Course, this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the Golf Course shall not make it unfeasible, in the sole and absolute discretion of CITY, to restore and continue to operate the remaining portion of the Golf Course for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and CITY may proceed, 48 at CITY'S own expense, to alter or modify the Golf Course so as to render it a complete architectural unit which can be operated as a golf course. If as a result of any alteration or modification of the Golf Course as provided in this Section 15.03, the responsibilities or rights of OPERATOR under this Agreement ar e substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement. Any award pursuant to a taking by right of eminent domain shall belong to and be paid to CITY.
15.04 Force Majeure Events . As used in th is Agreement, the term "Force Majeure" means declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies, accidents, fires, explosions, floods, earthquakes, or other acts of God, shortages of materia ls, or any other event not within the control of OPERATOR and not caused by the negligence or intentional wrongful conduct of OPERATOR.
If OPERATOR or CITY is unable by reason of Force Majeure to carry out any obligation under this Agreement, such obligat ion shall be suspended only so far as it is physically affected by such Force Majeure. The party unable to perform shall give the other party prompt notice of such Force Majeure with a detailed explanation and the probable extent to which it will be unable to perform or be delayed in performing such obligation. The party unable to perform shall use all possible diligence to remove such Force Majeure as quickly as possible. The requirement that any Force Majeure shall be removed with all possible diligence s hall not require the settlement by the party unable to perform because of strikes, lockouts or other labor disputes or the meeting of any claims of or demands by any supplier or government entity which reasonably may be harmful to the best interests of the CITY or OPERATOR.
Costs incurred as a result of a Force Majeure shall be reimbursed by the CITY, if the expenditure was approved in advance by City Manager, which approval will not be unreasonably withheld.
If as a result of the occurrence of a Force Majeure, the responsibilities of OPERATOR under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement.
16.0 SUBMISSION OF PAYMENTS, REPORTS AND NOTICES.
16.01 Payments and Financial Reports . Any payments and financial reports and documents required by this Agreement shall be submitted to:
Director of Finance City of Vallejo
555 Santa Clara Street, 3rd Floor
Vallejo, CA 94590
Facsimile (707) 649-5406
49 With copy to:
City Manager City of Vallejo
555 Santa Clara Street, 3rd Floor
Vallejo, CA 94590
Facsimile (707) 648-4426
16.02 Other Notices . Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and shall be deemed given as of the time of hand delivery to the addresses set forth below, or three (3) days after deposit into the United States mail, postage prepaid, by first class mail. Unless notice of a different address has been given i n accordance with this Article 16, all such notices shall be addressed as follows:
If to CITY:
City Manager
555 Santa Clara Street, 3rd Floor
Vallejo, CA 94590
Facsimile (707) 649-5406
With a copy to:
City Attorney 555 Santa Clara Street, 3rd Floor
Vallejo, CA 94590
Facsimile (707) 648-4687
If to OPERATOR:
Steve Harker
President & CEO
Touchstone Golf, LLC
1052 Overlook Rd.
Berkeley, CA 94708
With a copy to:
Doug Harker
Executive Vice President
Touchstone Golf, LLC
11612 Bee Cave Road, Suite 150
Austin, TX 77338
Facsimile: (512) 351-9296
17.0 DISPUTE RESOLUTION
17.01 Controversies Subject to Mediation . Any controversy between the parties regarding the construction or application of this Agreement, and any claim arising out of this Agreement or 50 its breach, shall first be submitted to mediation upon the written request of one party served upon the other party. [provided that OPERATOR shall first exhaust the process established under this Article before serving any such request.]
17.02 Selection of M ediator. The parties may agree on a mediator. If they/cannot agree on a mediator within ten (10) days after service of the request for mediation, either party may request the" American Arbitration Association to provide a list of three (3) possible mediators with each party having the right to strike a name on an alternating basis until one name remains. If either party delays beyond five (5) days in striking a name, then the other party may choose anyone from the remaining list to serve as mediator.
17.03 Mediation Schedule . The mediation shall take place before the mediator in the City of Vallejo, State of California, at the time and place selected by the mediator unless the parties agree otherwise. The mediator shall select the time and place promptly and sha ll give each party written notice of the time and place at least ten (l0) days before the date selected; provided that the meeting shall take place not less than thirty (30) days after the request for mediation.
17.04 Cost of Mediation . Each party hereto shall bear the attorneys' fees, costs, and expenses incurred by it in connection with such mediation, and both parties shall share equally the costs and expenses attributable to the services of the mediator.
17.05 Other Proceedings . If mediation does not prove successful, either party may institute a proceeding in a court of law or the parties may agree to nonbinding or binding arbitration.
18.1 MISCELLANEOUS PROVISIONS
18.01 Waiver. No delay or failure on the part of any party in exercising any right hereunder shall impair any such right or any remedy of the party so delaying or failing. No waiver of any provision of this Agreement shall be binding unless executed in writing by the party making the waiver. No waiver of any provision of this Agreement shall be deemed, or s hall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
18.02 Integration. This agreement is the entire agreement between the parties, and supersedes all prior and contemporaneous agreement s, representations and understanding of the parties concerning the subject matter hereof.
18.03 Interpretation of Terms. In the event of any conflict in the definition or interpretation of any word, right, responsibility, service or schedule between this Agreement and the exhibits attached hereto, and/or other documents incorporated herein, such conflict or inconsistency shall be resolved by giving precedence in the following priority order: first priority 51 to the body of the Agreement; second priority to the Golf Course Maintenance Standards attached as Exhibit C: third priority to the Golf Course Manual attached in Exhibit B.
18.04 Modification of Agreement . No modification, amendment or supplement to this Agreement shall be binding unless executed in writing by both of the parties.
18.05 Severability. If any court of competent jurisdiction holds that any provision of this Agreement is void, voidable, illegal or unenforceable, or that this Agreement would be void, voidable, illegal or unenforceable unless an y provision of it were severed, that provision shall be severable from and shall not affect the continued operation of the rest of this Agreement; provided that if the provision to be severed is a material part of this Agreement, the foregoing shall not apply, and the parties shall in good faith renegotiate such provision.
18.06 Time of the Essence . Time is of the essence in the performance of all obligations under this Agreement for which specific time periods have been specified.
18.07 Cumulative Remedies. The remedies granted under the terms of this Agreement shall not be exclusive but shall be cumulative and in addition to all other remedies allowed under law.
18.08 Assignment. CITY shall have the right to assign its interest in this Agreement without limitation. Upon any such assignment, CITY shall be relieved of any further obligation under this Agreement provided such assignee assumes all of CITY's obligations under this Agreement. OPERATOR shall not assign this Agreement or subcontract any w ork, without the prior written consent of the City Manager.
18.09 Subcontracting. OPERATOR shall not subcontract any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager in each instance.
Any attempted or purported subcontracting of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
The CITY is an intended beneficiary of any work performed by OPERATOR 'S subcontractor for purposes of establishing a duty of care between the subcontractor and CITY. If subcontracting of work is permitted, OPERATOR shall pay its subcontractor within ten (10) days of receipt of payment by CITY for work performed by a subcontractor and billed by OPERATOR. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for OPERATOR to use subcontractors for performance of any service under this Agreement.
18.10 Time References . Except as otherwise specifically provided in this Agreement, all references to "days" herein shall mean calendar days and not business days.
52 18.11 No Third Party Beneficiaries . This Agreement is not intended for the benefit of any specific person, entity or third party beneficiary other than the named parties hereto and no person or entity who is not specifically named as a party herein shall have any right to enforce the provisions of this Agreement.
18.12 Golf Course Names . The Golf Course shall be known by such trade name and/or trademark or logo as may f rom time to time be determined by CITY. The parties acknowledge and understand that the names, logos, and designs used in the operation of the Golf Course, together with appurtenant goodwill, are the exclusive property of CITY. OPERATOR may identify the Golf Course as a golf course managed and operated by OPERATOR.
18.13 Independent Contractor . OPERATOR shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partne rship or joint venture between CITY and its successors and assigns, on the one part, and OPERATOR and its successors and assigns, on the other part.
OPERATOR agrees to be solely responsible for its own matters including payment of its employees, compliance with Social Security, withholding and other such personnel regulations.
OPERATOR'S employees shall not be entitled to any salary, fringe benefits, pension, workers' compensation, sick leave, insurance or any other benefit or right connected with employment with CITY.
18.14 Headings. The Article, Section and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement.
18.15 Survival of Covenants. Any covenant, term or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination.
18.16 Applicable Law. This Agreement shall be construed and interpreted in accordanc e with, and shall be governed by, the laws of the State of California, without regard to its conflicts of law rules. The parties agree that the Superior Court of the State of California, County of Solano shall have jurisdiction of any litigation between th e parties relating to this Agreement and consent to service of process issued by said court.
18.17 No Presumption Regarding Drafter . The language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning. CITY and OPERATOR acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between CITY and O PERATOR, and that this Agreement reflects their mutual agreement regarding the subject matter of this 53 Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either CITY or OPERATOR to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement.
18.18 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so execut ed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement.
18.19 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound.
18.20 Non-liability of City Officers and Employees . No officer, official, employee, agent, representative, or volunteer of CITY shall be personally liable to OPERATOR, or any successor in interest, in the event of any default or breach by CITY, or for any amount which may become due to OPERATOR or any successor, or for breach of any obligation of the terms of this Agreement.
18.21 Conflict of Interest . OPERATOR shall avoid all conflict of interest or appearance of conflict of interest in performance of this Agreement. The parties hereto hereby covenant that during the term of this Agreement they will not employ any person to administer any portion of this Agreement that has an interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement.
18.22 Supersede Prior Agreements . This Agreement shal l, upon execution, terminate and supersede those certain Management Agreements made by and between the City of Vallejo, a municipal corporation, and the Vallejo Golf Club, Inc., a California non -profit public benefit corporation, on or about December 14, 2004, and September 22, 1992, and all amendments and agreements made subsequent thereto by and between the parties.
54 18.23 Exhibits. All Exhibits attached hereto are incorporated herein by this reference. Any amendments to Exhibits must be approved by CITY in writing.
EXHIBIT A Blue Rock Springs Golf Course Land Description and Aerial Map EXHIBIT B Municipal Golf Course Policies and Procedures Manual EXHIBIT C Golf Course Minimum Maintenance Standards
EXHIBIT D Maintenance Equipment List
EXHIBIT E Building & Structures List
EXHIBIT F Blue Rock Springs Golf Course – Course Layout EXHIBIT G Touchstone Golf Foundation
EXHIBIT H Inventory & Baseline Conditions
SIGNATURES ON NEXT PAGE
(510) 863-0060
www.touchstonegolffoundation.org
Touchstone Golf Foundation is a 501 (c) 3
non-profit organization, which through the
dedication, passion and time of our
volunteers, is able to help our courses raise
money and be philanthropic to the
communities in which they do business. Our
volunteers promote the game of golf and are
representatives of the course helping to
educate golfers about the game.
Since inception, Touchstone Golf Foundation
has raised $1,000,000 for charities around
the country with a goal to donate 25% or
more to high school and youth golf programs.
We have also awarded 10 scholarships
amounting to $9,000, to high school athletes
in the Northern California area.
Federal Tax ID #26-3626179
Berkeley, CA
Improving our
Communities
through service,
education & charity
EXHIBIT G
At Touchstone Golf Foundation (TGF), we partner
with Touchstone Golf Management to execute on
our commitment to being a responsible
contributor in the communities in which operates.
That means working with local civic organization
and non-profits to achieve their goals and enrich
the lives of those in the community through the
game of golf. TGF currently works with golf
courses and non-profit organizations in California,
Texas, Colorado, Arizona, Hawaii, Oregon &
Illinois. We hope you'll consider partnering with
TGF in your local community to reach your
community. If you are ready to start touching
lives in your community, then you are ready to
join as a TGF volunteer.
TGF has teamed up with golf courses nationwide
to help promote golf at the high school level.
Tournaments each year help to raise funds for
high school golf teams around the country and
over the past five years TGF has raised
$167,000. Please join us in our effort to enrich
the lives of high schoolers through the game of
golf, where they learn values, sportsmanship and
determination as we continue these tournaments.
NATIONAL FOCUS
HIGH SCHOOL & YOUTH GOLF
WHAT WE DO
A volunteer's duties include:
1. Raising funds for charitable or educational
purposes. 2. Volunteering 30 community
service hours consistent with the mission and
vision of TGF. 3. Greeting and assisting
visitors/players to the golf course to ensure a fun
and safe experience. 4. Providing advice to
further the golfer’s understanding and
appreciation of the game and to improve the
pace of play. 5. Providing support to
organizations that conduct golf programs and
events for deserving youth; especially those
organizations that have programs targeting
youth from disadvantaged backgrounds, at risk
and minority youth, and individuals with
disabilities. 6. Assisting Tournament Director
and non-profit charitable/service organizations
with the execution of golf tournaments (e.g.
hole-in-one contest). 7. Assisting with other
charitable tasks as determined by GM.
TGF VOLUNTEERS
Love the game of golf?
Are you committed to your community
and have time to volunteer 8 hours a week?
Want to share your passion of the game
and educate others?
Touching one life at a time
Blue Rock Springs Golf Course
Facility Baseline Inspection
Performed:
December 21, 2017
EXHIBIT H
2 Overview
Blue Rock Springs Golf Course is a 36-hole public golf facility located within the City of Vallejo, California (“City”). It is owned by the city and currently operated by the Vallejo Golf Club (“Golf Club”) ; a membership based organization that operates out of the existing clubhouse.
In the fall of 2017, the management of the operation was put out to bid by the City of Vallejo and ultimately awarded to Touchstone Golf (“Touchstone”) . Touchstone is set to begin operating the facility beginning January 1, 2018.
Touchstone has performed this facility inspection to help establ ish a baseline of the current condition, as well as to identif y issues that need attention to improve the operation and facility safety. This inspection covers eight main categories: maintenance operations; golf course condition; cart department; clubhouse; food & beverage; golf shop; driving range building and offices.
Maintenance Operations
Golf course maintenance is performed by a team of 11 field operators, two foremen, one superintendent and one mechanic. For a 36-hole facility this is a relatively small crew. At the same time, they do a very good job maintaining the golf courses with this level of staffing.
The maintenance facilities consist of three separate storage/administrative buildings, with the main building being adjacent to the driving range on the East Course and two others located on the West Course. All three buildings are used primarily to store equipment. All the buildings, as well as the equipment, are in relatively good condition according to the superintendent. The superintendent and mechanic’s offices are both located in the main building (East Course). T he HVAC has been inoperable in this building for more than 10 years.
Maintenance building – East Maintenance building - West
The maintenance operation has ample inside and outside storage available for equipment, supplies ( sand, gravel, pipe, etc.) and temporary waste containers . The storage bins are only used on a temporary basis to hold supplies until they are used on the course and to keep from creating water contamination due to run-off.
3 Outside Storage bins Maintenance yard
There is a great deal of concern by the staff regarding the proximity of the maintenance building ( East) to the driving range. The building is located directly adjacent to the right-side of the range and only 200-220 yards from the tee- line, depending on its placement for the day. As a result, employee vehicles have been hit by errant golf shots.
It is fortunate that no one on the staff has been hit.
Netting or some sort of barrier should be erected to improve the safety for employees and their vehicles.
View of maintenance building from driving range tee (approximately 220 yards)
Maintenance Conclusion
We recommend the safety issue from errant driving range golf balls be addressed as soon as possible. The HVAC will also need to be addressed at some point.
Golf Course Condition
Overall, the golf course is in relatively good condition, especially given the number of crew members maintaining it. The greens consist primarily of p oa annua type g rass, with a minimal amount of bentgrass throughout. They are mowed six days each week.
The fairways are a mixture of ryegrass, bentgrass, Bermuda, poa annua and kikuyu
4 grass and are in relatively good condition. At the same time, there are several areas of concern.
First, quite a few tee boxes need leveling. In certain instances, some of the tee boxes have as little as 25% of the area available to use because there are no level sp ots in which to place the tees.
Uneven tee box – Golf Course West
Second, of immediate concern, there are 15 dead or dying Monterey Pine trees identified for removal. Without doing so, these trees present a hazard to golfers who walk under or near them. Although aware of this issue, the current management team has directed the superintendent to send the crew home during slow or rainy days, when the trees could be removed.
Next, the bunkers need attention. Although those on the west side are in fair condition and could benefit from additional sand, those on the east course are in poor condition and would benefit from a thorough renovation. The drains on the East Course are completely clogged, so they fill with wate r when it rains, and there is no sand in the bottom of the bunkers, which makes it difficult for golfers to play out of them properly or avoid damaging golf equipment.
5 Bunkers with hard-pan bottom
There are two pump houses located on the golf course, one for each 18-hole course. The pump on the west side was installed approximately 10 years ago and the pump on the east side was installed in the early 90’s. According to the superintendent, the pumps and the building are in good condition.
Lastly, the courses have several lakes and creeks that run throughout the property. Of the two primary lakes used for irrigation, one is lined, and the other is not. According to the superintendent, both are in good condition and neither leak.
The creeks , however, are more problematic. To move water throughout the course , corrugated black PVC drain pipe was used to connect the creeks, as they travel under cart paths and other roadways. Unfortunately, the frequency of these drains collapsing has increased. Not only does this create a situation that makes it difficult for carts to travel from one hole to the next, but it also creates a flooding problem. A closer inspection should be completed of all drains to identify those in need of replacement.
6 Drains located under cart path
Course condition Conclusion
Although the golf courses are generally good condition, staf fing levels should be evaluated, as quite a few tees need leveling, safety issues rectified ( errant range balls in the maintenance yard, dead t rees and failing drains) and the sand bunkers renovated.
Cart Department
According to the current staff, the fleet consists of approximately 120 electric Yamaha golf carts. Overall, the condition of the fleet is fair to good. In addition to the fleet owned by the golf course and used by the public, there is also a fleet of approximately 190 privately owned golf carts.
The carts owned by the golf course are kept in three separate storage barns, with two of them located west of the clubhouse and a small storage area located adjacent to the golf shop (approx. 10-12 carts). The storage areas are kept generally clean, secure and in good condition. At the same time, a closer inspection should be done to the racks that hold the charging units above the carts. The structural height of the racks is only 6’6” above the ground and hanging wires could create a hazard for employees.
The transportation cart (people mover) is also being used as a marshal cart, although no marshal was seen on either course throughout the day. If this is the case, a proper marshal cart should be used.
7 Current marshal cart Low hanging structure in cart barn
The private carts are stored in three buildings located adjacent to the upper parking lot. Members pull out and store their carts on their own.
Public golf carts are pulled out in the morning by golf shop or cart employees and staged directly in front of the golf shop. The ground markings used to identify the staging area, as well as the return area, are worn out and need repainting.
The biggest issue having to do with the carts is on the gol f course. Because of its many steep and winding hills and cart paths, an inspection should be done to identify areas where speed-bumps should be placed to slow traffic. Currently, the operator simply uses signage that identifies those areas as a cautionary “rolling zone” (meaning an area where a golf cart could roll onto its side).
Cart Department Conclusion
Overall, the cart department and condition of the carts appear to be in good working order. Prior to re -marking, however, it would be advisable to evaluate the current staging area and see if there is a better location to use for staging and returning that would improve the logistics of the cart operation. Also, speed bumps should be used throughout the facility to slow drivers and minimize the possi bility of a cart rolling over.
Clubhouse
There are many issues that need to be addressed in and around the clubhouse. To begin with, neither the upstairs nor downstairs bathrooms are ADA compliant. And given the level of ADA scrutiny within the golf industry at this time, it is advised that addressing accessibility issues be of high priority.
The condition of the buildings is also of concern. The gutter on one of the cart storage roofs is full of debris, which can cause a leaking roof. According to the G olf Club members, the clubhouse roof is currently leaking and needs repair or replacement.
The building, with the exception of the banquet room, does not have a central heating and air conditioning system. Portable units are used throughout and need to be inspected.
The clubhouse is also in desperate need of paint to protect the exposed wood from additional weather damage.
8 Grass growing in gutters Damaged exposed truss
Random signage should also be removed from around the clubhouse and golf course. It appears that when a member or guest dies, their friends and fellow golfers install either a plaque or monument in their memory. We suggest that all memor ials and plaques only be installed when consistent with and approved by City ordinance. It may also make sense to remove or consolidate some of the existing plaques.
Memorial Bench Memorial Stone
We also suggest all signage throughout the operation be made uniform and consistent to improve the overall look and branding of the facility.
9 Marketing banner Miscellaneous and/or outdated signage
The locker rooms are also in poor disrepair. It appears that they are currently being used for storage. These should be cleaned out and kept clear to eliminate any fire hazard.
Men’s locker room Men’s Locker room (2)
As noted earlier, signage throughout the clubhouse is very poor. Many of the bull etin boards located throughout contain information that is no longer valid. One out-of-date notice has been posted since 2011.
Furthermore, green fee rates and other marketing material is not clearly posted and easily accessible to golfers. This type of information needs to be made readily available to the public or upon inquiry. B ulletin boards that are not being used or are unnecessary should be removed.
10 Two of six sporadically used bulletin boards Rate sheet provided upon request
Clubhouse Conclusion
The clubhouse is in significant disrepair and needs a great deal of attention. Areas throughout the facility are not in compliance with ADA requirements. The building needs to be repainted and the roof needs to be repaired or replaced. Many of the rooms are being used for storage and should be cleaned out immediately to eliminate fire hazards. A fire inspection needs to be conducted by the City and any issues addressed.
Food and Beverage: “Rock Café”
The F&B operation is located on the bottom floor of the clubhouse across from the golf shop. The footprint of the operation is quite small . Because of its size, it is imperative that it be kept clean and organized to maintain cleanliness. This is not happening. As shown in the photos below, the operation is quite dirty and unorganized.
Cleaning products are being stored next to food items and open containers are being kept in the open and not under refrigeration. It is remarkable that this operation can continue in its current state.
The equipment in the kitchen is old and inadequate. The equipment runs off electricity instead of gas which is also limiting. Further evaluation is necessary to confirm the short and long term needs of the food and beverage operation.
Storage for the small operation is outside in a shed. This is not safe, secure or sanitary.
A plan needs to be developed to improve the storage facilities for food, alcohol and supplies.
The kitchen floor is cement and needs to be tiled or sealed. Walls in the kitchen need to be repainted or lined with FRP wall board.
11 The dining area is terribly unappealing. There is no real decor. The carpet is dirty and warn, tables and chairs are old and dirty. A portion of the restaurant is cutoff by two drink coolers. Behind this area is dry storage.
In looking at the menu, consolidation and a reduction of menu items should be undertaken to help streamline the operation and make it more appealing to customers.
Reducing the menu offerings will also make it easier to keep things clean and organized.
Unappealing dining area Cement floor
View of cook line Containers of unrefrigerated food
The banquet space offers a significant revenue opportunity assuming the restroom and kitchen limitations are addressed. Some of the tables and all the chairs in the space need replacement. The HVAC system is limited and in need of maintenance.
Also of note – there appeared to be a beverage cart sitting in the lower cart barn that has not been operable for some time. Beverage carts are profitable when used correctly.
Given the size of the Blue Rock operation (36 holes), a beverage cart should do very well at this facility.
Food and Beverage Conclusion
The food and beverage operation need s a lot of work. Not only is it unorganized and unappealing, but it is unlikely that it would pass a health inspection. The o peration needs to be cleaned, organized, redecorated (furniture, fixtures, flooring, lighting, art), equipment upgrades , an updated menu and appointment of someone who can take charge of the operation. There is also an opportunity to make the patio seating area in front of the restaurant more appealing.
12 Café Rock service counter
Golf Shop
The golf shop is located on the bottom floor of the clubhouse across from the restaurant.
The floor space is merchandised and there is a back office and storage area. A restroom has been converted to storage and should be repurposed as an office.
Driving Range Building and Snack Bar
Located adjacent to the driving range on the east course, the building is a functional space with a combined golf shop and snack bar counter. In addition, there is a range ball storage and dispensing area and ADA r estrooms. The space has some merchandising and a small covered deck. Overall the building its interiors are in good condition.
Offices
Located on the top floor of the clubhouse. There are several offices for accounting and administration functions. Th e space needs to be reorganized with a focus on selling private events (weddings, social events, club functions, meetings). A portion of the office may be converted to a bridal suite.
Parking Lot
The asphalt parking lot is generally in good conditi on, however will need to be restriped in the next year or two . There are areas adjacent to the upstairs entry that need to be patched and resealed. A slo pe adjacent to the entry failed last year and appears to be unstable. Concrete K-walls were installed to protect the entry area.
Security
There are several security camera’s that are missing or in disrepair including the clubhouse, 1
st tee of the east course and driving range. The parking lot coverage is also limited.
Phone System
The phone system is outdated. The City developed a replacement plan with an IP system that needs to be revisited.
Inventory: December 31, 2017
Attached you will find the inventory for the personal property and goods for resale including food, beer & wine and golf shop merchandise.
Blue Rock Springs Personal Property Inventory
Location: Main Offices
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 1
3 1
1 1
4 1
2 1
1 3
1 1
1 1
1 1
1 1
1 1
4 2
1 1
1 1
1 1
1 1
2 1
1 1
1 1
Brand/Manufacturer Item/Model Serial # Rating/Grade Notes/Comments 6' x 2' Wood Desk C Supply Office
2 Door Metal File Cabinet 3' x 6' B Stand up reach in w/ shelves Metal Desk D Old - Supply Office
Paper Organizer C Letter size paper (24 slots)
Small Wooden Tables C Different sizes
Wooden Easel C
Over Projector C Has not been used in a long time
Konica Minolta Biz Hub 227 A Looks fairly new
Panasonic Phones C Work with phone system
Fellows Shredder/99CI B
4 Drawer Metal File Cabinet C
Friedrich AC Unit B Mounted in wall
Cushioned Red Desk Chair D
2 Drawer File Cabinet C 2 in main office, 1 in GM office 2 Drawer Plastic File Cabinet C
Canon Color Image Printer A New
Brother Laser Fax/Super G3 C
2' x 3' Metal Floor Safe F No access to it and very old Rolling Metal File Cabinet B 1 Drawer opens from top
6' x 3' Wood Desk C
GE Mini Fridge C
3-Piece Desk with Hutch B L-Shaped
3' Wooden Hutch C On top of 3 piece desk
Desk Chairs C
Wood 5-Shelf Bookcase B Nice condition
Holmes Space Heater C Small floor heater
Canon Adding Machine/MP250 C
USI Laminator C Larger than standard laminator
Samsung Monitor C
Panasonic Microwave C
HP Officejet 8100 Printer B
Cisco 24 Port Switch B
Commscope 24 Port Switch B
Main Office
Dell OptiPlex 7020 Computer C Accountant Office
Dell Monitor C
LG Monitor C
Dell OptiPlex 360 Computer C Supply Office
Acer Monitor C GM Office
Dell OptiPlex 7020 Computer C GM Office
Dell OptiPlex 7020 Computer C
Blue Rock Springs Personal Property Inventory
Location: Main Offices
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 4
1 1
1 1
1 2
1 1
1 1
1 1
1 Lot
Lot
Brother Printer C GM Office
Brand/Manufacturer Item/Model Serial # Rating/Grade Notes/Comments Wood Conference Table C GM Office 4-1/2'
Matching Chairs C Goes with conference table
2-Shelf Wood Cabinet C GM Office
5' Wood Desk C GM Office
Small Black Desk w/ Hutch C GM Office
5-Shelf Wood Bookcase C GM Office
2 Drawer Wood File Cabinet C GM Office
Wood Golf Ball Display Case C
5' Wood Desk C Accountant Office
Small Wood Cabinet C Accountant Office
2' x 3' Cork Board C Accountant Office
Vornado 10" Fan B Accountant Office
Patton Space Heater D Accountant Office
Canon Adding Machine/MP21DX C Accountant Office
4 Door File Cabinet C Lift up doors - Accountant Office Office Supplies C Basic office supplies for 4 offices
Misc. Computer Access. C Keyboards, Mouse, Cords (4 Offices) Metal File Safe C
Blue Rock Springs Personal Property Inventory
Location: Food and Beverage
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 1
1 1
1 Lot
Lot
1 1
1 1
1 5
4 1
27 1
2 1
2 7
1 1
4 1
2 12
7 1
2 1
1 1
1 Lot
1 1
1 Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments NSF Metal Storage Racks C 6 Shelves with wheels
TRUE 2-Door Glass Fridge C Outdoor F&B Storage Closets
Tomato Slicer C Outdoor F&B Storage Closets
Dolly C Outdoor F&B Storage Closets
Coleman 30 Gallon Ice Chest C Outdoor F&B Storage Closets 5 Shelf Metal Storage Rack C Outdoor F&B Storage Closets Jockey Box Cooler with 2 Taps B Outdoor F&B Storage Closets Office Supplies C Basic office supplies
Misc. Computer Access. C Keyboards, Mouse, Cords
Dell OptiPlex 7020 Computer C F&B Small Office
Dell Monitor C
HP LaserJet P1109 Printer D Old model
Linksys Router C
2 Drawer File Cabinet C
Grill Table 2' x 4' D
Grill Table 3' x 3' D
Metal Utility Cart on Wheels C
Grill Dining Chairs D
Bissell Vacuum C
Sony 32" TV C
Berkel Meat Slicer C
Garbage Cans C
2" Chafing Pans C
2" Half Chafing Pan C
4" Half Chafing Pan C
Baking Sheets C
10" Mixing Bowl C
NSF 6-Shelf Metal Racks C
Salt & Pepper Shakers C Sets
Napkin Dispenser C
Easel D
2' x 3' White Board C
Turbo Air 2-Door Freezer C
TRUE 2-Door Fridgerator C
Hobart Dishwasher C
SS 3-Compartment Sink C
Misc. Kitchen Utensils C
27 Gallon Plastic Containers C
Metal Dish Rack C
4' SS Dish Rack w/ Utensil Bar C
Blue Rock Springs Personal Property Inventory
Location: Food and Beverage
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
9 39
12 100
1 3
2 1
1 1
1 1
2 7
1 1
1 1
1 1
1 1
1 5
1 1
1 1
1 1
1 1
1 3
1 1
1 4
130
1 Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments 4" Dessert Plate C
9" Dinner Plate C
13" Breakfast Plate C
Togo Plastic Basket C
Dish Bussing Tub C
Wood Salad Bowl C
Pint Glasses C
Wood Magnetic Knife Rack C
Large Strainer C
7.5 qt Cambro C
6 qt Cambro C
4 qt Cambro C
Plastic Water Pitcher C
Misc. Kitchen Knives C
Tralson 2 Door Line Fridge C
GE Flat Top Grill and Oven C
Wells Deep Fryer C
Turbo Air Fridgerator C
SS Counter Top 3' x 4' C
Moffat Turbo Fan C
SS 2-Shelf Cabinet C 2' x 2-1/2'
TRUE 2-Door Sliding Reach-In C
Curtis Coffee Maker C
Curtis Coffee Dispenser C
HP Prods Computer C
ELO Monitor C
Metal Cash Drawer C
Beverage Air 5 Tap Keg Cooler C
Waring 4 Slot Toaster D
Sunbeam Microwave C
Plexi-Glass Pastry Cabinet C
Edlund Food Scale C
Pelouze Food Scale D
Rubber F&B Floor Mat C 3' x 4'
Garde Counter Mount Can Opener C
Hefty Clear Storage Tub C
SS 4' Wall Mount Shelf C
Ansul Hood/Fire Suppression B Duct work good in kitchen but after kitchen bad Misc. Food Display Racks C Counter Top
Fork, Spoon, Knife C Spoon - 55, Fork - 49, Knife - 26
Blue Rock Springs Personal Property Inventory
Location: Golf Shop
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 100
1 1
1 3
2 2
8 2
1 3
1 1
1 4
1 1
1 1
1 1
1 1
1 1
2 2
2 2
2 1
1 1
2 2
12 1
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments NCGA Computer & Cabinet C Owned by the NCGA
12 Section Glass Hat Rack B
6' x 3' Wood Display Cabinet D
Metal Slatwall Hooks C Most hooks are 6" - 8"
Ping Putter Display C 10-12 Putters
Wood Clothing Cabinet D 7' x 4'
2-Sided Wood Clothing Rack C 5-1/2' Long
Adidas 2-Shelf Shoe Rack C Holds 12 pair of shoes
Footjoy 3-Shelf Shoe Rack C
Footjoy 2-Shelf Shoe Rack C Holds 12 pair of shoes
Slatwall Shoe Display D Displays one shoe
Adidas Stool C
Footjoy Folding Chair C
Titleist Merchandise Table D
Titleist Vokey Wedge Display Rack C Holds 12 wedges
Merchandising Tables C Set of 2 table (big & small)
Merchandising Tables C Set of 2 table (big & small)
Slatwall Clothing Hooks C Holds 8-10 hangers
Daphne Headcover Display Rack C
Titleist 6-Shelf Ball Tower C
Bridgestone 5-Shelf Ball Tower C
Footjoy 2-Sided Clothing Rack C
Epoch Eyewear Counter Sunglass Display C Holds 40 pair of glasses Bridgestone Counter Ball Display C
Titleist Counter Ball Display C
Champ Counter Tees Display C
Oliva Cigar Display Case C
HP Prodesk 600 Computer C Property of Golfnow
Dell Monitor C
Acer Monitor C Property of Golfnow
Citizen Receipt Printer C Property of Golfnow
Scanner & Display Tower C Property of Golfnow
Cash Drawer C Property of Golfnow
Astatic PA Microphone C
TOA PA System/500 Series C
HP Officejet 8100 Printer C
Panasonic Phone C Work with phone system
Stools D Behind shop counter
Clip Boards D
Wooden Club Rack D Behind shop counter
Blue Rock Springs Personal Property Inventory
Location: Golf Shop
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
2 2
12 5
5 1
Lot
Lot
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Central Pneumatic 5 Gallon Portable Air Tank C In cabinet under shop counter 5-Shelf Paper Organizer C
Countertop Flower Pots C Small
Emerson Speaker D Old speakers mounted near ceiling in golf shop Plastic Sign Holders C
Philco 2-Way Radios C Working Radios for Marshalls
Old 2-Way Radios F Not working or old
Insignia 32" Flat Screen TV C
Office Supplies C Basic office supplies
Misc. Computer Access. C Keyboards, Mouse, Cords
Blue Rock Springs Personal Property Inventory
Location: Head Pro Office/Storage
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 1
1 1
1 1
1 1
1 1
1 1
2 2
1 1
5 1
1 1
1 1
Lot
Lot
1 6
2 10
2 1
4 Lot
3 1
1 Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Avigilon Camera Surveillance System C Currently 15 Cameras U-Shaped Desk with Hutch C Head Pro's Desk
Brother Label Maker B
Super Micro Server C
Dell OptiPlex 7020 Computer C
Sunbeam Mini Fridge C
Mesa 2 Door Safe C
Emerson Microwave C
HP LaserJet Pro 200 Printer C
Netgear 16-Port Switch C
Dell Monitor C
Canon Adding Machine C
Creative Desktop Speakers C Set of 2
Panasonic Phone C Works with phone system
4 Drawer File Cabinet C
Desk Chairs C
Canon Image 550 Printer C
ELO Monitor C
Old Computers F Replaced and not in use
Small Metal Cabinet C
Panasonic Phone System Control Panel C
Alarm Tech Fire System B
Magnum Alert 800 Alarm System C Service provided by Morgan Alarm Work Bench D Used for re-gripping
Misc. Tools and Parts D Basic tools and re-gripping tools Office Supplies C Basic office supplies
Bosch Cord Drill C
Extension Cords (orange) C Most are 25' - 50'
Footjoy Merchandise Chest D
Rental Clubs and Bag D/F Most are miss matched and very old Plastic Tubs (clear) D
Wood Putter Rack D
Rheem Air Filters A New
Misc. Computer Access. C Keyboards, Mouse, Cords
Cash Drawer (tan) C From old system
ELO Monitor C
Shark Vacuum C
Blue Rock Springs Personal Property Inventory
Location: Cart Barn (Upper/Lower)
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
2 2
2 3
1 4
7 1
2 1
1 120
1 1
1 1
4 1
1 Brand/Manufacturer Item/Model Serial # Rating/Grade Notes/Comments Dollies C
6' Folding Banquet Table C Plastic
Pop-Up Tent 10' x 10' C
Bag Boy Pullcarts D The only pullcarts they have
60" Rollout BBQ (Gas) B
27 Gallon Plastic Containers B Fairly new
Misc. Trash Cans D Plastic
Wood Counter 4' D
Corkboards D
Whiteboard D
Campbell Hausfeld 4HP 13 Gallon Air Compressor B
Yamaha Golf Carts YDREX5 C
EZGO TXT4 Shuttle C 4 Seats with man made truck bed
Yamaha Beverage Cart TRI4Y D
Rubbermaid Outdoor Shed 2-Door C
Metal 4-Shelf Rack C
Plastic Garbage Cans C
Hydro Pure Battery Fill System and Hose C
25' Black Water Hose & Nozzle C
Blue Rock Springs Personal Property Inventory
Location: Maintenance
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
5 1
1 1
1 East Course Maintenance Building
Hrs-9250
Hrs-9435
Hrs-630
Hrs-1531
Hrs-3968
Hrs-354
Alamo Flail Mower D
Hrs-1299
Hrs-5640
Hrs-4181
Hrs-4443
no meter
no meter
B
Hrs-2157
Hrs-9147
Hrs-3014
Hrs-4653
Hrs-2106
Hrs-8136
Hrs-89750
Hrs-71169
Hrs-6816
Hrs-6774
Hrs-3641
Reelmaster 5610 B
MSOE
Club Car Driving Range Picker C
Lely Fertilizer Dispenser B
Toro Walking Greens Mowers D-no work 10 yrs
Stump Grinder B
Olathe Wood Chipper
Toro
Hrs-1378
Hrs-1440
John Deere 2653 C
Toro Pro Core 864 B
John Deere 2653 C
John Deere 2653 C
Hrs-4118
Hrs-4454
no meter
Hrs-1276
Hrs-360
Ford
Gearmore Rototiller C
Greensmaster 3100 B
Toro Reelmaster 5300 D D
John Deere 2653 C
Toro Reelmaster 5610 B
Toro Reelmaster 450 D C
Toro
Greensmaster C
Toro
Diesel F
Toro Greensmaster 3150 B
Toro Greensmaster 3150 C
Toro Greensmaster 3100 C
Toro Greensmaster 3150 B
F
Cushman Diesel C
EZGO Range Picker D
Workman HDX D
Cushman
Express Duel 2000D Reel Grinder B
John Deere Driving Range Picker JD4110 C
Dump Truck C
Toro
Cushman TriWheel F
Ford F150
Toro Workman-Medium 2E B
Toro Workman-Full Size 3W B
Yamaha Adventurer C
D
EZGO Work Horse D
Yamaha Adventurer C
EZGO Work Horse
Notes/CommentsRating/GradeSerial #Model/ItemBrand/Manufacturer Toro Workman-Medium 1E B
D
Yamaha Adventurer C
EZGO Work Horse
Trion Vehicle Lift System B
Blue Rock Springs Personal Property Inventory
Location: Maintenance
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 4
15 6
15 5
1 1
3 3
1 1
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Landa Pressure Washer C
Articulator/Lastec #1 Old C
Articulator/Lastec #2 New B
Articulator/Lastec #3 C
Toro Groundsmaster 4500 D B
Toro Groundsmaster 455 D D
Toro Sand Pro 5020 C
Toro Sand Pro 3040 B
John Deere Bunker rake D
Toro Sprayer 160 Gallon C
Kubota Tractor M5640SU A
John Deere 4600- Small Tractor C
John Deere 4520 C
John Deere 955 C
John Deere 1450 / Back hoe / Loader D/PTO turns all time John Deere 650 / Loader D/Leaks
John Deere Aercore 800 B
Toro aerator Greens Aerator C
Meter Matic Topdresser II F-Does not work
Meter Matic Topdresser III F-Does not work
Toro CoreProcessor B
Ditch Witch 1420 C
John Deere Tow Roller Spiker C
Honda E5400 Generator C
Tow Brush Topdressing C
Cushman Core Harvester B
Asphalt Roller F-Does not work
Central Machinery Cement Mixer C
Angle Master Bed Knife Grinder B
Cup Cutter C
West Course Maintenance Building
Lockers C
Waddles B
Shovels - plastic / metal C
Landscape Rakes C
Wheel Barrow C
Creeper Mechanic
Picks C
Hand Tampers C
Oil / Fuel Storage Locker B
Post Pounder C
Blue Rock Springs Personal Property Inventory
Location: Maintenance
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
30 1
1 1
1 1
misc
200 Feet
1 1
1 1
3 1
1 200 Ft
2 1
2 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Orange Cones C
Work Bench C
Pipe Vise C
Bench Vise C
Small Compressor C
Post Hole Digger C
Misc: Ropes stakes tee markers signs D
Irrigation Pipe B
Irrigation Room Misc: fittings, coupling,couplers C
Irrigation Room Misc: Tools, valve boxes C
Irrigation Room Misc: Drain Boxes, old sprinkler part C First Aid Kit C
Gas Tank F-Not Operational
Rubber Matting C
Pump Station West Course B
Pump Station West Course- Flotronex System
Pump Station West Course-75 HP Pump/10 yr
Toro Propass 200 C
Snowco Trailer C
Drainage Pipe- Main Maint Yard B
Picnic Table D
Mini Green House C
Ladder-Fiberglass C
Ladder-Step C
Ladder-Extension C
Stihl FS110R Weedeater B
Stihl FS110R Weedeater B
Stihl FS110R Weedeater C
Stihl FS110 Weedeater C
Stihl FS110 Weedeater C
Stihl BR550 Back Pack Blower C
Stihl BR550 Back Pack Blower C
Stihl HS81TC Hedger-Small C
Stihl HS56C Hedger-Large C
Stihl MS170 Chain Saw C
Stihl HT101 Chain Saw Pole C
Campbell-Hausfeld Air Compressor C
Skil 8" Bench Grinder C
Craftsman Edger C
Power Trim Edger C
Snapper Push Mower & Trailer
Blue Rock Springs Personal Property Inventory
Location: Maintenance
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 12
6 10
8 20
5 5
1 4
1 1
1 1
5 1
2 1
1 2
11 6
2 1
1 1
1 1
1 1
1 1
3 Brand/Manufacturer Item/Model Serial # Rating/Grade Notes/Comments Snapper Push Blower C
Ryan Sod Cutter C
Ryan Mataway Overseeder F/Does Not Work
Cutting Units-Triplex C
VertiCut Units C
Gas Cans C
Misc Nuts & Bolts
Bed Knives
Belts-Engine
Articulating Wheels C
Metal Pull Chains C
Lincoln Welder C
Cup Cutter C
Misc Tools-Rakes, Shovels C
Clock-Main Office C
Bookshelf-Main Office C
Small Bookshelf-Main Office D
Corkboard-Main Office C
Chairs-Main Office C
Measuring Wheel-Main Office C
Table-Lunch Room C
Time Clock-Lunch Room C
Refrigerator-Lunch Room C
Fans-Lunch Room C
Chairs-Lunch Room C
Trash cans-Lunch Room C
Desk-Main Office C
Computer Table-Main Office C
Portable Heater-Main Office C
File Cabinet-Main Office C
Craftsman 6 Drawer Tool Chest C
Dry Erase Board B
Dell Laptop B
Color Printer B
Laptop-Superintendent A
East Course Pump Station C
Three 60 HP Pumps/ 25 yr old C
Blue Rock Springs Personal Property Inventory
Location: Clubhouse Exterior
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
3 7
4 3
3 4
3 1
1 1
2 1
1 1
3 1
3 1
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Scotsman Ice Machine & Bin B
Outdoor Trash Can - Round C
5' Round Wood Banquet Tables D Leaning against building Outdoor Trash Can - Square C Metal
Outdoor Ashtray C
Lifetime Outdoor Plastic Picnic Table 6' B
Umbrella Stand/Base C
Half Wine Barrel Planter C
Plastic Planters C 24" Wide
Metal Bag Drop Rack (8 Bags) C Base of parking lot
Full Wine Barrel (Trash Can) D Base of parking lot
5' Metal Bench C Base of parking lot
Large Plastic Trash Cans C Men's Bathroom
3-Step Metal Stool D
3-Step Plastic Stool C
30 Gallon Plastic Trash Can D
Umbrellas B
Allied Propane Service Large Propane Tank B Located outside of banquet room going to cart storage 3 Door Display Case C
3 Large Corkboards F Located by bathrooms, in bad condition Blue Rock Springs Personal Property Inventory
Location: Driving Range/Building and Grill
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
Lot
Lot
27 31
70 20
6 3
2 1
1 2
4 1
22 4
9 3
2 1
2 1
1 10
1 10
3 2
2 Lot
1 1
1 1
1 1
1 8
1 1
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Office Supplies C Basic office supplies
Misc. Computer Access. C Keyboards, Mouse, Cords
Range Mats C Derone or Global Tour
Plastic Ball Trays C
Range Ball Baskets C All 100 ball baskets
Single Bag Stands C Metal
6' Metal Bench (black) C
8 Bag Metal Bag Rack C
Small Green Plastic Garbage Can C
Water Dispensing Unit C On range with advertising
Small Green Metal Garbage Can C
A-Frame Signs C Plastic
Outdoor Garbage Cans C
Lifetime 6' Picnic Tables C
Putting Green Cups, Flagsticks C 22 from all 3 putting greens Plastic Chairs & Side Table F Very old, 4 chairs 2 side tables Half Wine Barrel Planters C
Plastic Outdoor Planters D
Outdoor Ash Tray Receptacles D
Range Servant 2 Dispenser Ball Machine C Takes CC, Cash, Tokens, Range Cards, and Codes 2' x 3' Cork Boards D
Rubbermaid Storage Shed 4' x 6' B
Werner 6' Ladder B
Barstools C
Hoover Vacuum C
Table Top Flower Vase C
Leather Chair C
3' Round Table C
Planter with Fake Tree D
Misc Wall Art C
Insignia 32" TV C
Toshiba 32" TV C
4' Wall Mirror D
5' Wall Mirror C
Puma Merch Clothing Rack C
Wood Counter Display Case C
Driving Range Basket Dolly C
4-Shelf Magazine Unit C
Slat wall Metal Hat Rack C
SS Circular Clothing Rack C
Blue Rock Springs Personal Property Inventory
Location: Driving Range/Building and Grill
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
1 1
1 7
9 1
2 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 2
3 2
1 1
2 1
1 1
1 3
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments HP Officejet H470 Printer C
2 Drawer File Cabinet D
HP Prods Computer C
Small Under Counter Safe C
ELO Monitor C
300 Ball Range Basket C
Ball Shagger D
Hollrock Ballwasher D Old
2' x 3' Cork Boards D
TOA 500 PA System C
Cisco Router C
Counter w/ Glass Cabinet C Main Driving Range Counter
Beverage Air Reach In Cooler C
Vtech Cordless Phone C 2 Phones
Dell OptiPlex 360 Computer C
Acer Monitor C
Cash Drawer C
Epson Receipt Printer C
Citizen Receipt Printer C
Berewmatic Coffee Maker C
Curtis Coffee Dispenser C
Counter w/ 3 Door Cabinet C Main F&B Counter
Paragon Hotdog Warmer C
Emerson Microwave C
Turbo Air Single Door Line Fridge C
SS 2-Compartment Sink C
Ice-O-Matic Ice Machine C
2-Step Foot Stool C
Magnetic Knife Holder C
85" Wall Mount Shelf C
36" Wall Mount Shelf C
42" Wall Mount Shelf C
Corner Pantry Cabinet C
3' x 2' Floor Mat (rubber) C
Chair Stool D
6 qt Cambro C
SS Handwashing Sink C
7.5 qt Cambro C
6'x2' Glass Divider w/ Golf Print C
3' Wall Mount Shelf D
Blue Rock Springs Personal Property Inventory
Location: Driving Range/Building and Grill
December 21, 2017
Rating/Grade: A-Excellent, B-Good, C-Average, D-Poor, F-Scrap (Explain) Qty
1 1
Brand/Manufacturer Model/Item Serial # Rating/Grade Notes/Comments Brother Label Maker C
Price Display Tower C
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 P age 1 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
DAIRY
BUTTER EA 11 4 15 $2.99 $44.91
CHEESE AMERICAN SLICED BLOCK 4.8 0.3 5.1 $11.22 $57.20
CHEESE JACK/CHED SHRED BAG 1 1 2 $12.75 $25.50
CHEESE MONTEREY BLOCK BLOCK 1 1 $3.03 $3.03
CHEESE PARM SHRED BAG 0.6 0.1 0.7 $12.75 $8.93
CHEESE PEPPERJACK PACKET 4.5 0.3 4.8 $8.27 $39.70
CHEESE SWISS BLOCK BLOCK 2.1 0.3 2.4 $3.03 $7.27
SOUR CREAM 0.3 0.3 $5.00 $1.50
EGGS EA 97 97 $0.20 $19.14
0 $0.00
0 $0.00
Category Total: $207.16
Sub Total: $207.16
MEAT
BACON PACKET 1 1 2 $15.40 $30.81
BALOGNA 1.5 1 1 3.5 $2.50 $8.76
HAM BLOCK (FROZEN) 4 4 $25.32 $101.28
HAM SLICED 0.4 0.4 $25.32 $10.13
HAMBURGER PATTY EA 8 12 20 $0.96 $19.11
HOT DOG BAG 1 1 1 3 $21.44 $64.32
HOT DOG EA 23 23 $0.54 $12.33
POLISH DOGS BAG 1 1 2 $23.50 $47.00
POLISH DOGS EA 27 27 $0.59 $15.86
SALAMI 3.5 3 6.5 $2.50 $16.25
SAUSAGE LINKS EA 10.7 2 12.7 $0.12 $1.49
SAUSAGE PATTIES BAG 0 $0.00
SAUSAGE PATTIES EA 60 156 216 $0.26 $55.55
TURKEY JENNIE O EA 0.5 2 2.5 $29.40 $73.50
Category Total: $456.39
Sub Total: $663.54
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 P age 2 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
FROZEN
CHICKEN BREAST BAG 0.4 1 1.4 $11.51 $16.11
CHICKEN PARM DINNERS TINS 2 2 $13.45 $26.90
CHICKEN TENDERS BAG 1 1 2 $13.12 $26.23
FRENCH FRIES REGULAR BAG 3 3 $4.55 $13.66
FRENCH FRIES SWEET POTATO BAG 1.5 1.5 $9.20 $13.80
MUSHROOM RISOTTO BOX 0.5 0.5 $13.45 $6.73
OINION RINGS BAG 2.4 2.4 $4.58 $11.00
TAQUITOS 50/BAG BAG 300 300 $0.24 $73.09
VEGETABLES BAG 1.5 1.5 $5.00 $7.50
Category Total: $195.01
Sub Total: $858.55
DRINK
BAG IN BOX CHERRY COKE 2.5 GAL. EA 1 1 2 $40.61 $81.22 BAG IN BOX CLASSIC COKE . EA 1 1 2 $76.25 $152.50
BAG IN BOX DIET COKE 5.0 GAL. EA 1 1 $76.25 $76.25
BAG IN BOX MR PIBB EA 1 1 2 $40.61 $81.22
BAG IN BOX ROOT BEER 2.5 EA 1 1 2 $40.61 $81.22
BAG IN BOX SPRITE EA 1 1 $76.25 $76.25
BAG IN BOX SWEET TEA EA 1 1 $40.61 $40.61
BOTTLE COKE 20 OZ EA 89 62 28 194 373 $1.13 $421.49
DASANI SPARKLE WATER EA 23 7 15 45 $0.49 $22.05
DASANI WATER 20 OZ EA 24 24 $1.13 $27.12
GATORADE EA 76 27 18 95 216 $0.61 $131.76
GOLD PEAK ICED TEA EA 24 75 99 $0.57 $56.43
MINUTEMADE JUICE EA 81 22 64 167 $1.12 $187.04
MONSTER EA 24 18 66 108 $1.35 $145.80
SNAPPLE EA 8 27 47 82 $0.94 $77.08
VITAMIN WATER EA 114 34 22 115 285 $1.16 $330.60
WATER (NESTLE) EA 44 4 19 63 130 $0.18 $23.40
RED BULL EA 4 7 11 $1.52 $16.72
SMART WATER EA 22 22 $1.13 $24.86
Category Total: $2,053.62
Sub Total: $2,912.17
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 P age 3 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
GROCERIES
APPLE CIDER PACKET BOX OF 48 7 37 1 45 $0.16 $7.20
APPLES EA 11 11 $1.68 $18.52
ARTICHILE HEART BTL 1 1 $5.00 $5.00
BRUCHETTA PICO DE GAYO TUB 0.5 0.5 $43.32 $21.66
CELERY EACH 5 5 $1.94 $9.70
CHICKEN BROTH (STORE SIZE) CAN 1 1 $4.62 $4.62
CHICKEN BROTH PASTE JAR 0.5 0.5 $4.62 $2.31
CINNAMON BTL 0.6 0.6 $10.00 $6.00
COFFEE DECAF PACKET CASE 1 8 25 34 $0.84 $28.46
COFFEE REG PACKET CASE 1 13 32 46 $0.73 $33.35
CREAMER (FR VAN.) COFFEE MATE CASE 1 0.1 1.1 $11.15 $12.27 CREAMER (FRENCH VANILLA) CASE 0.8 0.8 $16.82 $13.46
CREAMER (HALF/HALF) CUPS CASE 1.7 0.1 1.8 $16.45 $29.61 CREAMER (IRISH) COFFEE MATE CASE 1 1 $11.47 $11.47
CROUTONS BAG 3 3 $3.80 $11.40
CUMIN BTL 0.7 0.7 $10.00 $7.00
DILL PICKLE SLICED TUB 0.7 0.7 $16.97 $11.88
DRESSING 1000 BTL 0.5 0.3 0.8 $5.97 $4.78
DRESSING BLUE CHEESE BTL 0.5 0.3 0.8 $12.05 $9.64
DRESSING CAESAR BTL 0.3 0.3 0.6 $12.05 $7.23
DRESSING ITALIAN BTL 0.4 0.2 0.6 $5.30 $3.18
DRESSING RANCH BTL 0.2 0.3 0.5 $7.19 $3.60
FLOUR QT 2 2 $2.00 $4.00
FRANKS RED HOT WING SAUCE BLT 3 0.8 3.8 $10.56 $40.13
GARLIC MINCED (COSTCO) JAR 0.3 0.3 $5.00 $1.50
GARLIC SALT JAR 0.2 0.2 $6.14 $1.23
GRAVY (BROWN PACKETS) EA 5 5 $1.56 $7.78
HASHBROWN (RUSSET) CARTON 3 1.4 4.4 $7.33 $32.25
HASHBROWN (SEASONED) CARTON 7 7 $7.33 $51.31
HONEY CLOVER BLT 2.2 2.2 $5.00 $11.00
HOT COCCA PAKETS EA 16 44 60 $0.18 $10.51
JALAPENO CAN 3 0.5 0.3 3.8 $5.19 $19.72
JELLY SMUCKERS PACKETS CASE 0.9 0.9 $11.14 $10.03
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 P age 4 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
KETCHUP #10 CANS EA 7 7 $4.27 $29.88
KETCHUP FRENCH BTL 0.6 0.4 1 $4.27 $4.27
LETTUCE ROMAINE BOX 0.8 0.8 $21.43 $17.14
MAYO PACKET BESTFOOD CASE 1 1 $16.68 $16.68
MAYO PACKET KRAFT CASE 0.4 0.4 $28.63 $11.45
MAYO VENTURA 0.7 0.3 1 $6.72 $6.72
MESQUIT SEASON JAR 0.7 0.7 $10.00 $7.00
MUSHROOM CASE 0.5 0.2 0.7 $10.28 $7.20
MUSTARD DELI BEAVER BLT 3 0.7 3.7 $1.86 $6.89
MUSTARD FRENCH BTL 1.1 1.1 $3.86 $4.24
MUSTARD LARGE BLT 1 1 $10.00 $10.00
MUSTARD MOOR HOUSE BTL 1 1 $10.00 $10.00
OIL FRY VEG EA 1.7 1.7 $22.95 $39.02
OLIVES (BLACK) CAN 0.8 0.8 $10.00 $8.00
ONIONS EA 7 3 2 12 $0.95 $11.45
ORANGES EA 11 11 $0.35 $3.85
PANCAKE MIX BAG 0.1 0.1 $20.96 $2.10
PAPRIKA BTL 0.8 0.8 $10.00 $8.00
PASTA NOODLE (BOWTIE) BAG 1.2 1.2 $4.54 $5.45
PASTA NOODLE (LINGUINI) BAG 1.4 1.4 $7.49 $10.49
PEPPER - MONARCH JAR 0.5 0.5 $47.98 $23.99
RELISH JAR 1 0.1 0.7 1.8 $6.41 $11.53
RELISH PACKETS BOX 1.1 1.1 $10.52 $11.57
SALSA DEL PASO BLT 1 0.3 1.3 $3.00 $3.90
SALT - LAWRYS BTL 0.7 0.7 $3.00 $2.10
SALT - MONARCH BTL 2 2 $1.81 $3.61
SALT & PEPPER PACKETS CASE 1.2 1.2 $10.00 $12.00
SAUCE (ALFREDO) KNORR PACKET 3 3 $0.75 $2.25
SAUCE BBQ BULLEYE BTL 1 0.3 1.3 $7.20 $9.36
SAUCE SWEET & SOUR BLT 1 1 $10.00 $10.00
SAUCE WORCESTSHIRE BTL 1 1 $5.71 $5.71
SAURKROUT 0.3 0.2 0.5 $5.00 $2.50
SEA SALT JAR 0.6 0.8 1.4 $5.00 $7.00
SOUP - CHILLI 1 1 $8.61 $8.61
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 P age 5 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
SOUP - CLAM CHOWDER EA 4 4 $8.61 $34.44
SUGAR (BLUE) CASE 0.5 0.5 $11.87 $5.94
SUGAR (C&H) PACKETS CASE 0.5 0.5 $11.87 $5.94
SUGAR (PINK) CASE 0.3 0.3 $11.87 $3.56
SUGAR (YELLOW) CASE 1 1 $11.87 $11.87
SYRUP (HARVEST) BTL 1.2 1.2 $5.80 $6.96
SYRUP (NUTRICARE) BTL 1.1 1.1 $11.78 $12.96
TABASCO BLT 6 0.4 6.4 $1.00 $6.40
TACO SEASON JAR 0.9 0.9 $1.00 $0.90
TAPATIO BLT 15 2.5 17.5 $1.00 $17.50
TEA (BLACK TEA) BOX 6 6 $2.26 $13.57
TEA BAGS EACH EA 6 121 127 $0.08 $10.26
TOMATO EA 39 2 41 $0.78 $32.04
TORTILLA BAG 1 0.3 1.2 2.5 $2.67 $6.66
TUNA (LARGE CAN) EA 5 0.4 5.4 $17.02 $91.93
VIRGIN OLIVE OIL BLT 0.5 0.5 $12.00 $6.00
WHIPPED CREAM EA 0.5 0.5 $1.00 $0.50
WINE (MARSALA COOKING) BLT 0.9 0.9 $8.84 $7.95
WING SAUCE (REAPER) BTL 1 1 $13.95 $13.95
0 $0.00
0 $0.00
Category Total: $1,075.03
Sub Total: $3,987.20
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 Page 6 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
SNACKS
CLIFF BARS EA 28 14 42 $1.03 $43.44
BAG CHIPS EA 174 38 41 253 $0.44 $110.60
NUTS EA 213 9 9 231 $1.14 $262.68
OREO COOKIE EA 48 7 55 $0.34 $18.76
PREMADE SANDWICHES EA 7 7 $1.00 $7.00
CRACKERS SLV 3 3 $8.79 $26.36
0 $0.00
0 $0.00
Category Total: $468.84
Sub Total: $4,456.04
PASTRIES & CANDY
0 $0.00
CINNAMON ROLLS EA 22 22 $1.23 $26.97
MUFFIN (OTTIS) EA 44 8 49 101 $0.55 $55.76
NUTTER BUTTER EA 27 27 $0.34 $9.28
CANDY BARS EA 168 41 37 10 256 $0.69 $175.86
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
Category Total: $267.87
Sub Total: $4,723.91
NON FOOD ITEMS
CO2 TANKS EA 5 2 7 -$
0 -$
0 -$
Category Total -$
Sub Total: $4,723.91
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Food Inventory Dec 2017 Page 7 1/2/2018 LOCATION: Blue Rock Springs CURRENT FOOD & BEVERAGE INVENTORY AMOUNT INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING Dec-17 NAME: Kyle Lightcap
DATE CONDUCTED: 12/31/17 NAME: James Birchall
Item Name UOM AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost Total
BREADS
BAGUETTE LONG BANQUET EA 8.7 8.7 $1.53 $13.30
ENGLISH MUFFIN BAG 10.5 10.5 $1.67 $17.50
FRENCH BAGET LOAF 9 9 $1.53 $13.77
HAMBURGER BAG 7 7 $3.25 $22.73
HOAGIE BAG 8.2 8.2 $3.13 $25.67
HOT DOG BUNS BAG 10 9 2 21 $3.22 $67.54
RYE LOAF 8.3 8.3 $3.84 $31.87
SOUR DOUGH (HILLTOP) LOAF 5 11.8 16.8 $3.82 $64.22
WHEAT LOAF 7.5 7.5 $2.40 $17.97
WHITE LOAF 7 7 $3.21 $22.47
0 $0.00
0 $0.00
Category Total: $297.03
GRAND TOTAL $5,020.95
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Beer Wine Inventory Dec 2017 P age 1 1/2/2018 LOCATION: Blue Rock Springs CURRENT BEEER & WINE INVENTORY INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING 12.31.2017 James Birchall
DATE CONDUCTED: 12.31.17 Kyle Lightcap
Item Name UNITS AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost STORAGE FRONT Total
BEER
BLOOD ORANGE 21ST AMD EA 1 18 19 $0.68 $12.92
BUD 12OZ EA 2 166 25 47 240 $0.68 $163.20
BUD 24OZ EA 2 37 44 83 $1.55 $128.65
COORS LIGHT 12OZ EA 1 162 7 9 179 $0.68 $121.72
COORS LIGHT 24OZ EA 1 38 25 64 $1.53 $97.92
CORONA 12OZ EA 30 6 12 48 $1.00 $48.00
CORONA 24OZ EA 20 4 24 $2.05 $49.20
FOSTERS EA 1 16 1 6 24 $1.58 $37.92
GUINESS EA 1 17 3 9 30 $1.49 $44.70
HEINEKEN EA 1 51 7 59 $1.10 $64.90
HERETIC EA 13 36 12 61 $1.31 $79.91
KEG BLOOD ORANGE 21ST AMD 1/6 KEG 2 2 $108.00 $216.00
KEG COORS LIGHT KEG 1 1 $155.00 $155.00
KEG CORONA 1/4 KEG 2 2 $111.00 $222.00
KEG DOS XX 1/6 KEG 1.7 1.7 $108.00 $183.60
KEG EMPTY KEG 1 1 $0.00
KEG EMPTY 1/6 KEG 3 3 $0.00
KEG FIRESTONE 805 1/6 KEG 1 1 $105.00 $105.00
KEG MARE ISLAND 1/6 KEG 1.2 1.2 $98.00 $117.60
KEG RACER 5 IPA 1/6 KEG 1 1 $105.00 $105.00
KEG SIERRA NEVADA KEG 0.9 0.9 $144.00 $129.60
MGD EA 1 45 18 64 $0.68 $43.52
MICHELOB ULTRA EA 6 20 26 $0.83 $21.58
MIKES HARD EA 9 31 3 43 $1.36 $58.48
MODELO 24OZ EA 2 8 7 18 35 $1.32 $46.20
ODOULS EA 3 3 8 14 $0.78 $10.92
OPA EA 1 17 18 $0.68 $12.24
PACIFICO EA 1 12 1 14 $1.03 $14.42
SAPPORO EA 1 48 4 53 $2.03 $107.59
SIERRA EA 2 2 $1.45 $2.90
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Beer Wine Inventory Dec 2017 Page 2 1/2/2018 LOCATION: Blue Rock Springs CURRENT BEEER & WINE INVENTORY INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING 12.31.2017 James Birchall
DATE CONDUCTED: 12.31.17 Kyle Lightcap
Item Name UNITS AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost STORAGE FRONT Total
SMIRNOFF ICE EA 1 35 9 45 $1.13 $50.85
ST. ARCH EA 19 10 29 $0.68 $19.72
STELLA EA 8 26 5 10 49 $1.25 $61.25
TORPEDO EA 2 6 8 $1.45 $11.60
TRUMER EA 1 1 $1.13 $1.13
0 $0.00
0 $0.00
0 $0.00
0 $0.00
Category Total: $2,545.24
Sub Total: $2,545.24
BAR MIXES
SOJU EA 1.5 1.5 $17.83 $26.75
BLOODY MARY MIX EA 13.1 13.1 $2.36 $30.92
0 $0.00
0 $0.00
0 $0.00
0 $0.00
Category Total: $57.66
Sub Total: $2,602.90
LIQUOR
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
FOOD INVENTORY FORMULAS
o:\fb\forms\Blue Rock Beer Wine Inventory Dec 2017 Page 3 1/2/2018 LOCATION: Blue Rock Springs CURRENT BEEER & WINE INVENTORY INVENTORY CONDUCTED BY:
Café Rock PERIOD ENDING 12.31.2017 James Birchall
DATE CONDUCTED: 12.31.17 Kyle Lightcap
Item Name UNITS AREA 1 AREA 2 AREA 3 AREA 4 Inventory Unit Cost Extended Cost STORAGE FRONT Total
0 $0.00
0 $0.00
0 $0.00
0 $0.00
Category Total: $0.00
Sub Total: $2,602.90
WINE
CHARDONAY EA 11 12 23 $1.39 $31.97
COOKS EA 1 24 6 31 $3.77 $116.87
MERLOT EA 7 7 15 29 $1.39 $40.31
PINOT EA 24 17 41 $1.76 $72.16
WHITE ZIN EA 12 80 1 93 $1.39 $129.27
C.K. MONDAVI CHARD EA 11 11 $3.77 $41.47
C.K. MONDAVI CABERNET EA 15.9 15.9 $3.77 $59.94
0 $0.00
0 $0.00
0 $0.00
0 $0.00
Category Total: $491.99
GRAND TOTAL $3,094.89
Cost Quantity
3158 Shirts-Vantage Staff $1,141.1400 78 $14.6300
- $0.0000 0 $0.0000
$1,141.1400 $0.0000 $0.0000
$1,141.14 $0.0000 $0.0000
1020 Balls-Callaway Logo $-9.7200 (9) $1.0800
- $0.0000 0 $0.0000
1021 Balls-Titleist-Trusoft $262.6680 60 $4.3778 56 $245.1568 (4) $-17.5112 1022 Balls-Bridgestone B33 $-65.0853 (9) $7.2317
- $0.0000 0 $0.0000
1023 Balls-Callaway Hx Hot $0.0000 0 $5.0000
- $0.0000 0 $0.0000
1024 Balls-Callaway/ Strata Pack $0.0000 0 $11.5000
- $0.0000 0 $0.0000
1025 Balls-Titleist Nxt Tour $1,210.8012 183 $6.6164 190 $1,257.1160 7 $46.3148 1026 Balls-Titleist Velocity $70.6725 15 $4.7115 15 $70.6725 0 $0.0000 1027 Z-Balls-Titleist Nxt Double Dozen $0.0000 0 $52.0000 - $0.0000 0 $0.0000
1030 Z-Balls-Titleist Pro V 2-Ball $0.0000 0 $0.0100
- $0.0000 0 $0.0000
1031 Z-Balls-Titleist Dt Solo Hs Dozen $0.0000 0 $12.7500 - $0.0000 0 $0.0000
1032 Z-Balls-High School Nxt Tour $0.0000 0 $17.0000
- $0.0000 0 $0.0000
1033 Z-Balls-Callaway Supersoft Doz $0.0000 0 $16.6062
- $0.0000 0 $0.0000
1034 Balls-Callaway Supersoft Sleeve $121.4472 28 $4.3374 32 $138.7968 4 $17.3496 1035 Balls-Callaway Chrome Soft $320.9200 40 $8.0230 40 $320.9200 0 $0.0000 1036 Balls-Used $159.5882 998 $0.1599 800 $127.9200 (198) $-31.6682 1037 Balls-Titleist Twilite Balls $0.0000 0 $8.1700
- $0.0000 0 $0.0000
1039 Z-Balls-Titleist Logo Ind. $0.0000 0 $0.6200
- $0.0000 0 $0.0000
1040 Z-Balls-High School Pro V Doz $0.0000 0 $27.0000
- $0.0000 0 $0.0000
31-Dec-17
Category: Accessories
Accessories Total
Driving Range Revenue Total:
Sub Department: Golf Shop Merchandise
Category: Balls
Count Unit Cost Cost
Department: Golf Course Revenue
Sub Department: Driving Range Revenue
Vallejo Golf Club Inc.
Inventory Variance Reprint
As of: January 1, 2018 4:23:43 pm
Inventory
Count
Variance
1041 Z-Balls-Titleist-Trusoft $0.0000 0 $17.3702
- $0.0000 0 $0.0000
1042 Balls-Pinnacle Bling $0.0000 0 $13.0000
2671 Balls-Callaway Soccer Ball $0.0000 0 $8.5400
- $0.0000 0 $0.0000
2726 Balls-Bridgestone Lady $130.2840 33 $3.9480 49 $193.4520 16 $63.1680 2727 Balls-Bridgestone E $0.0000 0 $4.3145
- $0.0000 0 $0.0000
2730 Balls-Bridgestone Soft $0.0000 0 $4.1969
- $0.0000 0 $0.0000
2790 Balls-Pinnacle $1,033.6680 360 $2.8713 378 $1,085.3514 18 $51.6834 2812 Balls-Precept Logo $-0.7500 (1) $0.7500 8 $6.0000 9 $6.7500 2836 Balls-Volvik Vivid $2,108.2687 367 $5.7445 371 $2,131.2095 4 $22.9408 2890 Balls-Volvik Single $0.0000 0 $1.8542
- $0.0000 0 $0.0000
2926 Balls-Precept Laddie $124.0902 13 $9.5454
- $0.0000 0 $0.0000
2946 Balls-Sports Balls $15.0000 10 $1.5000 8 $12.0000 (2) $-3.0000 2947 Balls-Chromax $0.0000 0 $14.0000
- $0.0000 0 $0.0000
2979 Balls-2017 Bridgestone E6 $455.3640 91 $5.0040 119 $595.4760 28 $140.1120 2980 Balls-2017 Bridgestone Tour B330s $357.0750 46 $7.7625 41 $318.2625 (5) $-38.8125 2982 Balls-2017 Bridgestone Extra Soft $179.7750 47 $3.8250 79 $302.1750 32 $122.4000 2983 Balls-2017 Bridgestone B330 Rx/ Rxs $386.2600 56 $6.8975 60 $413.8500 4 $27.5900 2984 Balls-2017 Prov $1,503.4510 190 $7.9129 236 $1,867.4444 46 $363.9934 2990 Balls-Volvik Vibe $19.5000 3 $6.5000 3 $19.5000 0 $0.0000 2998 Balls-Joe Brophy Jr Prov1s Doz $0.0000 0 $23.4500
- $0.0000 0 $0.0000
3085 Balls-Taylormade Tp5/5x $0.0000 0 $8.4625
- $0.0000 0 $0.0000
3104 Dt Trusoft Doz. Sale $0.0000 0 $14.5000
- $0.0000 0 $0.0000
3105 Balls-Bridgestone Logo $220.0000 275 $0.8000 255 $204.0000 (20) $-16.0000 3107 Balls-Dt Trial Pak $0.0000 0 $4.3700
- $0.0000 0 $0.0000
3121 Balls-Titleist Avx 2017 $962.0000 104 $9.2500 105 $971.2500 1 $9.2500 3139 Balls-Glow Balls $62.8800 24 $2.6200
- $0.0000 0 $0.0000
$9,628.1577 $10,280.5529 $764.5601Balls Total
1050 Gloves-Footjoy Weather $1,130.3525 164 $6.8923 164 $1,130.3372 0 $-0.0153 1051 Gloves-Fj Rain Grip $426.2610 33 $12.9170 32 $413.3440 (1) $-12.9170 1052 Gloves-Footjoy Sta Soft $2,104.1277 152 $13.8429 150 $2,076.4350 (2) $-27.6927 1053 Gloves-Titleist Perm Soft $799.7976 84 $9.5214 8 $76.1712 (76) $-723.6264 1054 Glove-Top Flite Glove $0.0000 0 $2.9200
- $0.0000 0 $0.0000
1055 Gloves-L-Fj Lady Spectrum $0.0000 0 $12.0000
- $0.0000 0 $0.0000
1056 Gloves-Pb Kids Gloves $64.3500 11 $5.8500 11 $64.3500 0 $0.0000 1057 Gloves-Callaway $0.0000 0 $11.1800
- $0.0000 0 $0.0000
1059 Gloves-Fj Rain $0.0000 0 $12.0000
- $0.0000 0 $0.0000
1061 Gloves-Evertan $0.0000 0 $8.2000
- $0.0000 0 $0.0000
1099 Gloves-F Joy Cart Mits $0.0000 0 $20.0000
- $0.0000 0 $0.0000
2869 Gloves-Bridgestone $20.2500 5 $4.0500 5 $20.2500 0 $0.0000 3030 Gloves-W-Zerofriction $469.0500 59 $7.9500
- $0.0000 0 $0.0000
3083 Gloves-Women's Weather Solf Fashion $-6.5000 (1) $6.5000 - $0.0000 0 $0.0000
3199 Gloves-Fj Wintersof $336.1436 26 $12.9286 25 $323.2150 (1) $-12.9286 $5,343.8324 $4,104.1024 $-777.1800
1058 Acces-Titleist Cart Mittens $0.0000 0 $20.0000
- $0.0000 0 $0.0000
1060 Z-Acces-Mittens/pokies $0.0000 0 $7.0000
- $0.0000 0 $0.0000
1307 Acces-Tees $169.6800 707 $0.2400 650 $156.0000 (57) $-13.6800 1310 Z-Acces-D.m. Spikes-Tri Lock $0.0000 0 $6.9600
- $0.0000 0 $0.0000
1311 Z-Acces-Spikes Stinger Tri Lock $0.0000 0 $6.8000
- $0.0000 0 $0.0000
1312 Acces-Dna Fj Spikes $0.0000 0 $0.4000 0 $0.0000 0 $0.0000 1313 Z-Acces-Maxx Sunglasses $0.0000 0 $10.0000
- $0.0000 0 $0.0000
1314 Acces-Putter Grabbers $81.4850 25 $3.2594 26 $84.7444 1 $3.2594 1315 Zz-Acces-Grabber (putter) $0.0000 0 $1.8000
- $0.0000 0 $0.0000
1316 Z-Acces-Maxx Mlb Nfl Sunglasses $0.0000 0 $15.0000 - $0.0000 0 $0.0000
1317 Acces-Putter Cady $0.0000 0 $8.0500
- $0.0000 0 $0.0000
1319 Acces-Putter Covers Prg $42.0000 3 $14.0000 3 $42.0000 0 $0.0000 1320 Z-Acces-Divot Tool $0.0000 0 $0.2100
- $0.0000 0 $0.0000
Category: Gloves
Gloves Total
Category: Accessories
1322 Acces-Hot Hands $5.2556 14 $0.3754 9 $3.3786 (5) $-1.8770 1324 Z-Acces-Putter Fingers $0.0000 0 $0.7500
- $0.0000 0 $0.0000
1325 Z-Acces-Towels-Bling $0.0000 0 $14.5000
- $0.0000 0 $0.0000
1328 Z-Acces-Prg Towels $0.0000 0 $8.0000
- $0.0000 0 $0.0000
1329 Z-Acces-Hand Towels $0.0000 0 $3.0000
- $0.0000 0 $0.0000
1330 Acces-Bonjoc Crystals $0.0000 0 $10.2100
- $0.0000 0 $0.0000
1332 Acces-Line Me Up $0.0000 0 $4.2000
- $0.0000 0 $0.0000
1333 Acces-Rubber Tees $119.3043 157 $0.7599 63 $47.8737 (94) $-71.4306 1334 Z-Acces-Titleist Players Towell $0.0000 0 $14.0000 - $0.0000 0 $0.0000
1335 Z-Acces-Winning Edge Headcovers $0.0000 0 $14.0000 - $0.0000 0 $0.0000
1336 Acces-Headcover Driver Blue Rock $0.0000 0 $16.0000 - $0.0000 0 $0.0000
1337 Acces-Daphne Headcovers $161.1467 11 $14.6497 11 $161.1467 0 $0.0000 1340 Z-Acces-Pom Pom Head Covers $0.0000 0 $14.0000
- $0.0000 0 $0.0000
1341 Acces-Tees 4 Yards $25.2064 8 $3.1508 8 $25.2064 0 $0.0000 1342 Acces-Texas Tees-15 Pak $302.9896 811 $0.3736 804 $300.3744 (7) $-2.6152 1343 Acces-Towels $216.5076 27 $8.0188 23 $184.4324 (4) $-32.0752 1346 Z-Acces-Titleist Micro Towel $0.0000 0 $14.0000
- $0.0000 0 $0.0000
1351 Z-Acces-Bag Shag $0.0000 0 $25.5000
- $0.0000 0 $0.0000
1353 Z Acces-Sun Screen $0.0000 0 $1.4500
- $0.0000 0 $0.0000
1356 Acces-Ball Marker Prg $450.9228 210 $2.1472 260 $558.2720 50 $107.3492 1357 Z-Acces-Blue Rock Ball Mark $0.0000 0 $1.1500
- $0.0000 0 $0.0000
1358 Acces-Casino Marker $10.5000 3 $3.5000
- $0.0000 0 $0.0000
1359 Acces-Sharpie $94.7396 80 $1.1842 65 $76.9730 (15) $-17.7666 1360 Z-Acces-Logo Hat Clips $0.0000 0 $3.9500
- $0.0000 0 $0.0000
1361 Acces-Divot Tool Pgr $88.8828 17 $5.2284 17 $88.8828 0 $0.0000 1363 Acces-Titleist Umbrella $50.0000 2 $25.0000 2 $50.0000 0 $0.0000 1368 Z-Acces-Daphne Animal Putter Covers $0.0000 0 $4.5000 - $0.0000 0 $0.0000
1377 Z-Acces-Ball Mark Clip $0.0000 0 $1.5000
- $0.0000 0 $0.0000
1380 Z-Acces-Blue Rock Head Cover $0.0000 0 $12.1200
- $0.0000 0 $0.0000
1384 Acces-Brush Tees $0.0000 0 $4.0000
- $0.0000 0 $0.0000
1386 Z-Acces-Lip Balm $0.0000 0 $1.1000
- $0.0000 0 $0.0000
1391 Acces-Alignment Sticks $10.5000 3 $3.5000 3 $10.5000 0 $0.0000 1393 Putt $0.0000 0 $100.0000
- $0.0000 0 $0.0000
1396 Z-Acces-Grips Putter-Callaway $0.0000 0 $7.2500
- $0.0000 0 $0.0000
1397 Acces-Grips Standard $338.0736 70 $4.8296 67 $323.5832 (3) $-14.4904 1398 Acces-Grips Putter Standard $11.8596 2 $5.9298 7 $41.5086 5 $29.6490 1399 Acces-Grips Putter Premium $0.0000 0 $8.5500
- $0.0000 0 $0.0000
2619 Z-Acces-Grips Waskom Prof Team $0.0000 0 $15.2500
- $0.0000 0 $0.0000
2621 Acces-Grips Team Golf Putter $75.0000 5 $15.0000 2 $30.0000 (3) $-45.0000 2623 Acces-Headcover Team Golf $0.0000 0 $12.5000
- $0.0000 0 $0.0000
2631 Acces-Headcover Fwy Blue Rock $0.0000 0 $15.5000
- $0.0000 0 $0.0000
2632 Acces-Headcover Hybrid Blue Rock $0.0000 0 $15.0000 - $0.0000 0 $0.0000
2639 Acces-Spartino Tee Pouch $91.0000 7 $13.0000 7 $91.0000 0 $0.0000 2657 Acces-Ssp Flags Handicap $0.0000 0 $20.9800
- $0.0000 0 $0.0000
2658 Acces-Ssp Sport Flags $0.0000 0 $26.9800
- $0.0000 0 $0.0000
2665 Acces-Hat Clip $96.7334 23 $4.2058 23 $96.7334 0 $0.0000 2713 Shoe-M-Rain Boot $0.0000 0 $83.0000
- $0.0000 0 $0.0000
2731 Z-Bushnell Rangefinder $0.0000 0 $263.1800
- $0.0000 0 $0.0000
2750 Acces-Divot Tool Logo $0.0000 0 $0.3975
- $0.0000 0 $0.0000
2783 Acces-Spikes $60.5864 8 $7.5733 9 $68.1597 1 $7.5733 2809 Acces-Impact Tape $16.0000 4 $4.0000 4 $16.0000 0 $0.0000 2810 Acces-Spike Wrench $0.0000 0 $2.5000
- $0.0000 0 $0.0000
2815 Acces-Grips Superstroke $180.9876 12 $15.0823 11 $165.9053 (1) $-15.0823 2829 Clubs-Orange Whip $479.7600 8 $59.9700 8 $479.7600 0 $0.0000 2834 Acces-Grips Premium $1,164.6558 154 $7.5627 76 $574.7652 (78) $-589.8906 2866 Acces-Tees Striped $3.1902 1 $3.1902 1 $3.1902 0 $0.0000 2867 Cart Key Tag $0.0000 0 $1.5000
- $0.0000 0 $0.0000
2891 Acces-Sunglass Epoch $200.8975 25 $8.0359 24 $192.8616 (1) $-8.0359 2893 Solvent Gallon $0.0000 0 $23.8500
- $0.0000 0 $0.0000
2894 Solvent Sprayer $0.0000 0 $8.9500
- $0.0000 0 $0.0000
2901 Acces-Brush $0.0000 0 $2.1402
- $0.0000 0 $0.0000
2902 Acces-Tees Champ Fly $34.6120 10 $3.4612 10 $34.6120 0 $0.0000 2917 Laser Putt $0.0000 0 $127.7000
- $0.0000 0 $0.0000
2944 Acces-Explode Ball $5.6252 4 $1.4063 19 $26.7197 15 $21.0945 2945 Acces-Water Globe $0.0000 0 $10.9500
- $0.0000 0 $0.0000
2949 Balls-Titleist Prov Custom $0.0000 0 $41.2500
- $0.0000 0 $0.0000
2958 Acces-Grips Putter Winn Jumbo $43.0128 4 $10.7532
- $0.0000 0 $0.0000
2989 Acces-Aloe Gator Sunscreen $63.0812 28 $2.2529 30 $67.5870 2 $4.5058 3007 Acces - Blistex $21.1110 15 $1.4074 13 $18.2962 (2) $-2.8148 3033 Acces- Sahara Animal Headcover $0.0000 0 $11.0900
- $0.0000 0 $0.0000
3046 Acces-Grips-Jumbo $75.7500 15 $5.0500 21 $106.0500 6 $30.3000 3057 Acces-Proximity Signs. $0.0000 0 $11.7500
- $0.0000 0 $0.0000
3065 Acces-Tracer Brush $-5.9600 (4) $1.4900
- $0.0000 0 $0.0000
3066 Acces-Tees-4 Yards $9.0000 3 $3.0000 3 $9.0000 0 $0.0000 3067 Acces-Tees Value $0.0000 0 $1.1000
- $0.0000 0 $0.0000
3094 Acces-Headcovers-Sfgiants-Driver $22.3140 1 $22.3140 1 $22.3140 0 $0.0000 3095 Acces-Headcovers-Sfgiants-Putter $0.0000 0 $17.3140 - $0.0000 0 $0.0000
3103 Acces-Headcover Scotty Cameron $75.0000 3 $25.0000 - $0.0000 0 $0.0000
3117 Acces-Tees-Tuf Nek $4.1902 1 $4.1902 1 $4.1902 0 $0.0000 3118 Acces-Alignment Sticks 2pack $40.9510 5 $8.1902 5 $40.9510 0 $0.0000 $4,936.5519 $4,202.9717 $-611.0274Accessories Total
1125 Shirts-M-Footjoy $68.3872 2 $34.1936 2 $68.3872 0 $0.0000 1144 Shorts-M-F Joy $0.0000 0 $19.0000
- $0.0000 0 $0.0000
1145 Shirts-M-Gear Underarmour Mock $0.0000 0 $33.0000
- $0.0000 0 $0.0000
1147 Shirts-M-Gear Underarmour Polo $0.0000 0 $25.0000
- $0.0000 0 $0.0000
1153 Socks-M-Footjoy Crew Socks $213.5430 46 $4.6422 46 $213.5412 0 $-0.0018 1155 Socks-M- F Joy Argyle Sock $0.0000 0 $5.0000 1 $5.0000 1 $5.0000 1160 Shirts-M-Burmuda Sands $0.0000 0 $39.5000
2929 Outerwear-M-Proquip Rain Jacket $225.0000 3 $75.0000 3 $225.0000 0 $0.0000 2930 Outerwear-M-Proquip Rain Pant $0.0000 0 $80.0000
- $0.0000 0 $0.0000
2971 Pants-Dryjoy Xp $0.0000 0 $102.5000
- $0.0000 0 $0.0000
3031 Shirts-M Fj 2017 $106.5000 3 $35.5000 3 $106.5000 0 $0.0000 3061 Shirts-M-Horn Legend Shirt $154.3902 6 $25.7317 6 $154.3902 0 $0.0000 3062 Shirts-M-Horn Legend - Vest $0.0000 0 $32.5000
- $0.0000 0 $0.0000
3070 Outerwear-Fj-Performance Vest $0.0000 0 $42.5000
- $0.0000 0 $0.0000
3213 Outerwear-Horn Legend Pullover 2017 $652.6211 26 $25.1008 25 $627.5200 (1) $-25.1011 3214 Outerwear-Horn Legend Vest 2017 $154.8649 6 $25.8108 5 $129.0540 (1) $-25.8109 3216 Shirts - Adidas 2clr 2017 $341.0000 11 $31.0000 11 $341.0000 0 $0.0000 3217 Shirts - Adidas Perform 2017 $171.0000 6 $28.5000 6 $171.0000 0 $0.0000 3218 Shirts - Adidas Nvlty 2017 $216.0000 6 $36.0000 6 $216.0000 0 $0.0000 3219 Shirts - Adidas Ls Polo 2017 $231.0000 6 $38.5000 6 $231.0000 0 $0.0000 3220 Outerwear-Vantage-Vneck 2017 $134.9100 9 $14.9900 9 $134.9100 0 $0.0000 2934 Shirts - Pud - Poy $0.0000 0 $45.2900
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
1148 Outerwear-M-Norman Sweater $0.0000 0 $44.0000
- $0.0000 0 $0.0000
1149 Outerwear/ Jacket-M-Page & Tuttle $47.9000 2 $23.9500 2 $47.9000 0 $0.0000 1150 Outerwear-M-Greg Norman $0.0000 0 $27.5000
1161 Outerwear-M-Page & Tuttle Windshirt $39.0000 2 $19.5000 2 $39.0000 0 $0.0000 1168 Outerwear-M-Cutter Windbreaker Pullover $0.0000 0 $32.2000 - $0.0000 0 $0.0000
1199 Outerwear-M-Page & Tuttle Windbreaker $29.4410 2 $14.7205 2 $29.4410 0 $0.0000 1201 Outerwear-M-F J Half Sleeve Windshirt $0.0000 0 $42.5000 - $0.0000 0 $0.0000
3136 Outerwear-Vantage Wind 2017 $599.2272 26 $23.0472 25 $576.1800 (1) $-23.0472 $715.5682 $692.5210 $-23.0472
$3,532.3138 $3,463.3528 $-68.9610
Shirts Total
Sub Category: Outerwear
Outerwear Total
Mens Apparel Total
Category: Mens Apparel
Sub Category: Shirts
1275 Shirts-L-Adidas Polo $57.6874 2 $28.8437 2 $57.6874 0 $0.0000 2816 Shirts-L-Fj $162.5000 5 $32.5000 5 $162.5000 0 $0.0000 2825 Outerwear-L-Adidas $0.0000 0 $26.0000
- $0.0000 0 $0.0000
2826 Shirts-L-Adidas $66.0000 3 $22.0000 3 $66.0000 0 $0.0000 2838 Pants-L-Adidas $36.2499 1 $36.2499 1 $36.2499 0 $0.0000 2851 Shirts-L-Page $19.5000 1 $19.5000 1 $19.5000 0 $0.0000 2860 Skort-L-Fj $127.5000 3 $42.5000
- $0.0000 0 $0.0000
2906 Outerwear-L-Fj2 $285.0000 6 $47.5000
- $0.0000 0 $0.0000
2907 Outerwear-L-Fj3 $0.0000 0 $62.5000
- $0.0000 0 $0.0000
2908 Outerwear-L-Fj4 $127.5000 3 $42.5000
- $0.0000 0 $0.0000
2931 Outerwear-L-Proquip Rain Pant $80.0000 1 $80.0000 1 $80.0000 0 $0.0000 2932 Outerwear-L-Proquip Rain Jacket $110.0000 1 $110.0000 1 $110.0000 0 $0.0000 2972 Outerwear - L Pud $0.0000 0 $31.2500
- $0.0000 0 $0.0000
3084 Socks-Women's Quarter $31.5000 9 $3.5000 9 $31.5000 0 $0.0000 2974 Ladies Page & Tutle Stretch $0.0000 0 $32.2500
- $0.0000 0 $0.0000
$115.0000 $0.0000 $0.0000
$1,218.4373 $563.4373 $0.0000
Outerwear Total
Ladies Apparel Total
Category: Ladies Apparel
Sub Category: Outerwear
1094 Hat/ Visor-Legendary Knit Beenie $0.0000 0 $7.0000 - $0.0000 0 $0.0000
1095 Hat/ Visor-Callaway Hat $0.0000 0 $13.1984
- $0.0000 0 $0.0000
1096 Hat/ Visor-Legendary Hat $0.0000 0 $8.5033
- $0.0000 0 $0.0000
1098 Hat/visor-Titleist Pom Pom $-12.0000 (1) $12.0000
- $0.0000 0 $0.0000
1105 Hat/ Visor-Ping Hat $243.0000 27 $9.0000 29 $261.0000 2 $18.0000 1106 Hat/ Visor-Titleist Caps $145.8842 14 $10.4203 11 $114.6233 (3) $-31.2609 1107 Hat/visor-Titleist Ear Band $18.0000 3 $6.0000 3 $18.0000 0 $0.0000 1108 Hat/ Visor-Fj Ear -Band $0.0000 0 $7.5700 4 $30.2800 4 $30.2800 1109 Hat/ Visor-Men's Club Hat $0.0000 0 $11.9500
1263 Hat/ Visor-Legendary $66.4832 7 $9.4976 5 $47.4880 (2) $-18.9952 2630 Hat/ Visor-Ketella Club Hats $112.1928 8 $14.0241 8 $112.1928 0 $0.0000 2923 Hat/ Visor- Puma $0.0000 0 $9.3409
- $0.0000 0 $0.0000
3008 Hats/ Visors- Titleist Mlb $128.0000 8 $16.0000 8 $128.0000 0 $0.0000 3009 Hat/ Visor- Titleist Deep Back $132.0000 8 $16.5000 8 $132.0000 0 $0.0000 3010 Hat/ Visor- Titleist Mesh $93.0000 6 $15.5000 8 $124.0000 2 $31.0000 3011 Hat/visor- Titleist Stretch Teck $225.0000 15 $15.0000 15 $225.0000 0 $0.0000 3032 Hat/visors Women's - Legendary $85.0000 10 $8.5000 9 $76.5000 (1) $-8.5000 3058 Hat/cap Titleist Tour Visor $110.0000 10 $11.0000 10 $110.0000 0 $0.0000 3059 Hat/cap Titleist Legacy Asst $-14.6250 (1) $14.6250 4 $58.5000 5 $73.1250 3060 Hat/cap Titleist Ball Marker Performance $225.0000 15 $15.0000 14 $210.0000 (1) $-15.0000 3096 Hat/cap Sport Mesh Staff $255.0000 17 $15.0000 1 $15.0000 (16) $-240.0000 3097 Hat/cap Titleist Sport Mesh Legacy Asst $-15.0000 (1) $15.0000 12 $180.0000 13 $195.0000 3163 Hats/visor-Pro Quib Bucket $54.0000 3 $18.0000 3 $54.0000 0 $0.0000 3203 Hats-Ping Winter Beanie $0.0000 0 $12.0000
- $0.0000 0 $0.0000
$1,850.9352 $1,896.5841 $33.6489
Category: Headwear
Headwear Total
1139 Shoes-M-F J $37.9609 1 $37.9609 1 $37.9609 0 $0.0000 1140 Shoes-M-Fj Shoe $0.0000 0 $37.1800
- $0.0000 0 $0.0000
1142 Shoes-M-Footjoy E-Comfort C. L. $0.0000 0 $32.0000 - $0.0000 0 $0.0000
1143 Shoes-M-Footjoy Athletic $0.0000 0 $53.9100
- $0.0000 0 $0.0000
1154 Socks-M-Fj Pro Dry $380.1999 74 $5.1378 81 $416.1618 7 $35.9619 1157 Socks-M-Footjoy 3-Pak Peds $0.0000 0 $6.0000 4 $24.0000 4 $24.0000 1240 Shoes-L-Fj Summer Series $0.0000 0 $54.0000
- $0.0000 0 $0.0000
1241 Shoes-L Tailored Collection $192.0000 2 $96.0000 2 $192.0000 0 $0.0000 1252 Shoes-L-Lo Pro Ladies $39.4008 1 $39.4008 1 $39.4008 0 $0.0000 1271 Socks-L-Fj Lady $16.5000 4 $4.1250 4 $16.5000 0 $0.0000 1273 Socks-M-F Joy 3 Pack $37.5000 5 $7.5000
- $0.0000 0 $0.0000
1569 Shoes-M-Dry Joy Premeire $112.4825 1 $112.4825 1 $112.4825 0 $0.0000 2655 Shoes Fj Freestyle $715.0000 11 $65.0000 16 $1,040.0000 5 $325.0000 2656 Shoes - Fj Hyper $69.0000 1 $69.0000 1 $69.0000 0 $0.0000 2725 Shoes-L-Adipower Boost $140.4000 2 $70.2000 2 $140.4000 0 $0.0000 2732 Shoes-M-Adidas Tour $113.5834 1 $113.5834 1 $113.5834 0 $0.0000 2733 Shoes-M-Adicross $49.7199 1 $49.7199 1 $49.7199 0 $0.0000 2739 Shoes-L-Fj Enjoy $0.0000 0 $51.0000
- $0.0000 0 $0.0000
2740 Shoes-L-Fj Empower $384.6660 6 $64.1110 6 $384.6660 0 $0.0000 2817 Shoes-M-Fj Freestyle $631.5300 6 $105.2550
- $0.0000 0 $0.0000
2822 Shoes-L-Adidas Adistar $144.0000 3 $48.0000 3 $144.0000 0 $0.0000 2843 Shoes-M-Ashworth Cardiff $0.0000 0 $36.0000
- $0.0000 0 $0.0000
2850 Shoes-M-New Balance $35.7500 1 $35.7500 1 $35.7500 0 $0.0000 2887 Shoes-M-New Balance Minimus $240.0000 4 $60.0000 2 $120.0000 (2) $-120.0000 2999 Shoes-M Fj Contour 2017 $2,158.3728 34 $63.4815 34 $2,158.3710 0 $-0.0018 3000 Shoes-M Fj Contour Pro Sl $297.0336 3 $99.0112 3 $297.0336 0 $0.0000 3047 Shoes-Ladies-Footjoy-Empower $0.0000 0 $86.5200
- $0.0000 0 $0.0000
3093 Shoes-Puma-Ignite $0.0000 0 $130.8600
- $0.0000 0 $0.0000
3113 Shoes-M-New Balance Nbg2004 $780.0000 13 $60.0000 13 $780.0000 0 $0.0000 3114 Shoes-M-New Balance Nbg574 $367.5000 7 $52.5000 7 $367.5000 0 $0.0000 3119 Shoes-Fj Freestyle 2.0 $0.0000 0 $105.0000
- $0.0000 0 $0.0000
3224 Shoes-L-Footjoy Emerge $324.0000 9 $36.0000 9 $324.0000 0 $0.0000 3225 Shoes-L- Footjoy Embody $378.0000 9 $42.0000 9 $378.0000 0 $0.0000 $8,017.0998 $7,240.5299 $264.9601
Category: Footwear
Footwear Total
1081 Bags-Titleist Stand Bag $575.0000 5 $115.0000 5 $575.0000 0 $0.0000 1082 Bags-Titleist Lightweight Cart Bag $0.0000 0 $132.6666 - $0.0000 0 $0.0000
1083 Z-Bags-Titleist Cart Bag $0.0000 0 $140.0000
- $0.0000 0 $0.0000
1085 Bags-Ping 4 Series $111.7000 1 $111.7000 1 $111.7000 0 $0.0000 1086 Z-Bags-Ping Hoofer C-1 Bag $0.0000 0 $114.0000
- $0.0000 0 $0.0000
1087 Z-Bags-Titleist Stand Bag X86 $0.0000 0 $85.0000
- $0.0000 0 $0.0000
1088 Bags-Ping Hoofer $258.0000 2 $129.0000 2 $258.0000 0 $0.0000 3108 Bags-Jesse Bethal $0.0000 0 $118.5000
- $0.0000 0 $0.0000
$944.7000 $944.7000 $0.0000
1495 Clubs-Power Bilt Kids $54.0000 4 $13.5000 1 $13.5000 (3) $-40.5000 1502 Clubs-Titleist Scotty $526.0000 2 $263.0000 2 $526.0000 0 $0.0000 2678 Clubs-Callaway Xr Driver Demo $0.0000 0 $201.2500 1 $201.2500 1 $201.2500 2679 Clubs-Callaway Xr Fairway Demo $0.0000 0 $132.4800 - $0.0000 0 $0.0000
2680 Clubs-Callaway Xr Driver $258.3000 1 $258.3000 1 $258.3000 0 $0.0000 2681 Clubs-Callaway Xr Fairway $170.2150 1 $170.2150
- $0.0000 0 $0.0000
- $0.0000 0 $0.0000
2744 Clubs-Titleist Sm6 $389.3334 4 $97.3333 3 $291.9999 (1) $-97.3335 2909 Clubs-Ping Vault $195.0000 1 $195.0000 1 $195.0000 0 $0.0000 2910 Clubs-U.s. Kids Set $312.0000 3 $104.0000
- $0.0000 0 $0.0000
2912 Clubs-U.s. Kids Driver $26.0000 1 $26.0000 1 $26.0000 0 $0.0000 2913 Clubs-U.s. Kids Putter $48.7500 3 $16.2500 4 $65.0000 1 $16.2500 2914 Clubs-U.s. Kids Hybrid $45.5000 2 $22.7500 2 $45.5000 0 $0.0000 2915 Clubs-U.s. Kids Iron $35.7500 2 $17.8750 5 $89.3750 3 $53.6250 2994 Clubs-Ping Sigma G Darby $129.0000 1 $129.0000 1 $129.0000 0 $0.0000 3164 Clubs-Oddessy Putter Oworks $148.5000 1 $148.5000 1 $148.5000 0 $0.0000 3165 Clubs-Ping Ladies Arna G Lee $0.0000 0 $117.0000 1 $117.0000 1 $117.0000 3197 Clubs-Pud Taylormade Spider $-162.2500 (1) $162.2500 - $0.0000 0 $0.0000
3211 Clubs-Ping Kushin 17 $0.0000 0 $117.0000
- $0.0000 0 $0.0000
1427 Clubs-Titleist Hybrid $0.0000 0 $165.0000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
$2,570.0984 $2,106.4249 $250.2915
Category: Bags
Bags Total
Category: Clubs
Sub Category: Woods
Woods Total
Clubs Total
1544 Donation-Merch $0.0000 0 $0.0000
- $0.0000 0 $0.0000
1547 Junior Donation $0.0000 (9) $0.0000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
$38,042.13 $34,802.6560 $-143.7078
$39,183.27 $34,802.6560 $-143.7078
2702 Outerwear-M-Adidas Rain Pant $0.0000 0 $28.0000
- $0.0000 0 $0.0000
2703 Outerwear-M-Adidas Rain Jacket $0.0000 0 $36.0000
- $0.0000 0 $0.0000
2707 Outerwear-M-Adidas $0.0000 0 $31.7460
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
$0.0000 $0.0000 $0.0000
2704 Outerwear-L-Adidas 3 Stripe $0.0000 0 $30.3333
- $0.0000 0 $0.0000
2709 Outerwear-L-Adidas Vest $0.0000 0 $39.0000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
$0.0000 $0.0000 $0.0000
2690 Hat/ Visor-Titleist Winter Caps $0.0000 0 $10.0000 - $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
2693 Shoes-L Ecco $0.0000 0 $80.0000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
2682 Z-Bags-Callaway Chev $0.0000 0 $125.5000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
2644 Power Bilt Kids $0.0000 0 $65.2000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
$0.00 $0.0000 $0.0000
$0.00 $0.0000 $0.0000
Category: Bags
Bags Total
Category: Clubs
Clubs Total
Golf Shop Merchandise Total:
Merchandise Total:
Outerwear Total
Ladies Apparel Total
Category: Headwear
Headwear Total
Category: Footwear
Footwear Total
Category: Mens Apparel
Sub Category: Outerwear
Outerwear Total
Mens Apparel Total
Category: Ladies Apparel
Sub Category: Outerwear
Category: Fundraiser
Fundraiser Total
Golf Shop Merchandise Total:
Golf Course Revenue Total:
Department: Merchandise
Sub Department: Golf Shop Merchandise
2969 Titleist - Mid Size Staff Bag $0.0000 0 $170.0000
- $0.0000 0 $0.0000
$0.0000 $0.0000 $0.0000
$0.00 $0.0000 $0.0000
3142 Cinnamon Roll $-11.0700 (9) $1.2300
- $0.0000 0 $0.0000
3160 Taquitos Small (8) $1.5100
- $0.0000 0 $0.0000
3161 Taquitos Large $-2.5700 (1) $2.5700
- $0.0000 0 $0.0000
$-13.6400 $0.0000 $0.0000
3116 Gatorade $-347.6800 (424) $0.8200
- $0.0000 0 $0.0000
$-347.6800 $0.0000 $0.0000
($361.32) $0.0000 $0.0000
($361.32) $0.0000 $0.0000
$38,821.9465 $34,802.6560 $-143.7078Grand Total:
Category: Food
Food Total
Category: Beverage
Beverage Total
Cafe Total:
Food & Beverage Total:
Department: Food & Beverage
Sub Department: Golf Shop Merchandise
Category: Bags
Bags Total
Golf Shop Merchandise Total:
Sub Department: Cafe
CONSENT CALENDAR 7.F.
DATE: August 5, 2024
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer & IT Director SUBJECT: ADOPT A RESOLUTION APPROVING AN AMERICAN RESCUE PLAN ACT (ARPA) GRANT AGREEMENT WITH VALLEJO COMMUNITY ACCESS TELEVISION INC. IN THE AMOUNT OF $92,500 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving an American Rescue Plan Act ("ARPA") Grant Agreement with Vallejo Community Access Television Inc. in the amount of $92,500 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
Vallejo Community Access Television (VCAT) is a non-profit public benefit organization operating in the City of Vallejo since 2005. VCAT has experienced a significant drop in funding for its operations since the outbreak of the COVID-19 pandemic. The City's grant will allow VCAT to continue to operate the public, education, and government access channel(s) and community access broadcast studio through September 30, 2025.
BACKGROUND AND DISCUSSION
Vallejo Community Access Television (VCAT) currently operates the public, education and government (PEG) access cable channel (Channel 27) and the community broadcast studio which is located on the campus of Jesse Bethel High School. Channel 27 and the broadcast studio are run by volunteers with oversight by Ms.
Sherry Prewitt, VCAT's Executive Director. In addition to operating Comcast channel 27, VCAT also offers training and educational opportunities for the citizens of Vallejo. VCAT relies on memberships and grants to fund its operation. During the COVID-19 Coronavirus pandemic, the organization experienced a drop in membership as its normal activities came to a halt.
In order to get VCAT operational at its full potential following the pandemic, the City of Vallejo will contribute a one-time grant of $100,000 from ARPA (American Rescue Plan Act) allocation. A portion of the $100,000 ($7,500) was paid in June as VCAT had immediate needs to continue operation of its broadcast bulletin board.
The balance of $92,500 will assist VCAT in maintaining its ongoing operations through September 2025.
VCAT has committed to continuing to provide services to the Vallejo Community. Those specific services are set forth in the Grant Agreement.
In addition to operations challenges due to the Covid pandemic, the City broadcast equipment currently being used by VCAT at the broadcast studio has become outdated and in need of upgrade. In addition to the proposed grant, the City intends to expend PEG money to replace the City owned equipment which the City permits VCAT to use.
FISCAL IMPACT
There is no impact on the General Fund. The American Rescue Plan Act funds will be used for the grant agreement.
ENVIRONMENTAL REVIEW
Date: August 5, 2024
Subject: ADOPT A RESOLUTION APPROVING AN AMERICAN RESCUE PLAN ACT (ARPA) GRANT AGREEMENT WITH VALLEJO COMMUNITY ACCESS TELEVISION INC.
IN THE AMOUNT OF $92,500 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME