10.1. SR 02-04-2019 - Laserfiche WebLink

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Agreement 2017-02 payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 9. Employees. The Operator, in its sole and absolute discretion and at the City's expense, shall hire its own staff to operate, manage and maintain the Golf Course. The Operator shall be solely responsible for determining staffing levels and qualifications and setting its employees' compensation, benefits, hours and all other terms of employment. 10. Volunteers. The Operator may attempt to recruit volunteers to assist with various segments of golf Operations, such as customer service and grounds beautification. The Operator may work with the City to recruit volunteers. Any volunteers are under the direction and control of the Operator and are therefore volunteers of the Operator. 11. Notices. Any and all notices and payments required hereunder shall be addressed to the parties at their respective addresses listed on page 1 hereof, or to such other address as may hereafter be designated in writing by either party hereto. 12. Maintenance. The Operator agrees to maintain the Golf Course and cause any required repairs to be made at City's expense unless the operator is responsible for the damage as set forth in paragraph 7. At the expiration of the term hereof, Operator shall deliver up the Golf Course in good order and condition. Notwithstanding the foregoing, the City, at its sole cost and expense, shall maintain, repair and replace, if necessary, the structural components of the clubhouse. The Operator is required to keep the clubhouse in accordance with state health and local building code requirements. The Operator will make repairs and prepare the clubhouse for each season, which includes winterization of the clubhouse. The clubhouse shall be returned to the City in substantially the same state that is was received by the Operator, reasonable wear and tear excepted. The Operator shall maintain the Golf Course under the standards set forth in Exhibit B. The Operator, however, in its sole discretion, shall determine what manners and procedures shall be employed to meet those standards. The Operator, in its sole discretion, has the right to sell and place signage on the Golf Course at each tee box, attached to the hole designation. Any revenue derived from such activity shall accrue to the City. 13. Accounting Standards. Operator shall maintain accounting records relating to the Golf Course using accounting practices in accordance with generally accepted accounting principles (GAAP). The Operator shall keep detailed records of all revenues and expenses as are necessary to reflect the results of the operation of the Golf Course, including bills and invoices for supplies and services. Monthly operating statements shall be furnished to the City by the 10th day following the last day of each month, and annual operating statements shall be famished by the 45th day following the end of the season. The types of revenue that should be reported should include, but not limited to, green fees, membership fees, concessions, pro -shop sales, golf cart rentals, tournament fees, and advertising/marketing revenue. The Operator shall make its books and records available to the City to request, review and/or audit all records, documents and financial statement related to all aspects of the Golf Course operations. Such books and records shall be made available in such locations and in such manner as the City may reasonably request. Page 4 of 11 191454v1